A convicted sex offender who had ongoing contact with children and bought them gifts has dodged a prison sentence.
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Joseph Chalker, 35, was sentenced for four separate offences of failing to comply with his obligations as a registered sex offender in the Ballarat Magistrates' Court on Monday.
He pleaded guilty to the offences - three of which were failing to disclose contact with children and one of failing to disclose contact with children on online platforms - on March 15.
Chalker was placed on the Sex Offender Registry for 15 years after being convicted of offending at Bendigo in 2008.
On Monday magistrate Ron Saines said the offending, which occurred between October 2020 and June 2021, was serious and could be punishable by imprisonment.
"The sex offender registration act is intended to monitor your conduct and to do that it requires you to disclose any conduct or activity that involves a risk in respect of sexual reoffending," he said.
Mr Saines said he accepted Chalker's initial contact with the young boys in Ballarat "was likely to have been innocent".
The court had heard that police began an investigation after receiving information Chalker was in contact with children through his employment.
The contact began when children going to and from the Ballarat skatepark attended the service station he had worked at.
It escalated from paying for their drinks and treats at the shop to giving them varying amounts of money and other gifts, including a TV, phones and Nintendo Switch, and offered to take them to the movies and an AFL game.
He also played video games with them and befriended some of their mothers.
During the proceedings Chalker had denied the reason for his behaviour was to groom the children for sexual purposes and Mr Saines said he accepted that.
"If that had been the case there would be a jail sentence and a very significant jail sentence as well," he said.
Mr Saines said failing to disclose the contact over a lengthy period was compounded by the fact he had also been in contact with the children on Snapchat and TikTok - another "serious offence" which he had failed to disclose.
The police prosecutor submitted the offending allowed the court to consider the accused posed a risk to the sexual safety of the community and asked for Chalker's listing as a registered sex offender to be extened.
But Mr Saines said that it was the opinion of an expert who had written a report, and of himself, that Chalker's conduct "was driven by social isolation, loneliness and limited other social relationships rather than direct sexual deviency" and so he refused the application.
Due to his submission of a guilty plea at an early stage, which meant the children did not need to give evidence at court, Mr Saines said this constitute an acceptance of responsibility and some evidence of remorse and therefore entitled him to a "measure of leniency".
He convicted Chalker, who has since returned to live at Bendigo, and sentenced him to a three-year community corrections which included completing 200 hours of unpaid community work.
He will remain under the supervision of Corrections and must engage in treatment and rehabilitation.
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