NSW Police released footage of Mr Foggiato’s arrest in August 2024. Photo: Still shot of NSW Police footage.
A former cabinetmaker who lives in Griffith will not serve any further jail time after being placed on a 12-month good behaviour bond for using a carriage service (electronic communication) to groom a person under the age of 16 for sex.
Michael Joseph Foggiato, 49, pled guilty to the charge in August 2024 and served four months in jail before being released on strict bail conditions in December 2024.
At a Griffith District Court hearing on Friday (12 September), Judge Clive Jeffreys outlined the elaborate details of the undercover police operation that led to Mr Foggiato’s arrest.
He then sentenced the Griffith man to 12 months’ imprisonment, but put him on a Recognisance Release Order, which allowed for his immediate release into the community, provided he abide by certain conditions. He was required to hand over his mobile phone to police and will have to report to a probation officer regularly. He cannot travel interstate or overseas without his probation officer’s permission.
In making his decision, Judge Jeffreys noted the seriousness of the offence but said Mr Foggiato showed deep remorse for his actions, pled guilty early and wrote a letter of apology to the court.
He said Mr Foggiato was a “person of previous good character … [and] had an excellent prospect of rehabilitation”.
The judge noted the defendant was suffering from a major depressive disorder at the time of offending and that this reduced his culpability. He had been depressed since separating from his partner of 20 years in 2023.
Mr Foggiato’s apprehension was the result of a NSW Police operation named Strike Force Trawler, an ongoing investigation into the sexual abuse and exploitation of children through the use of telecommunications devices.
On 26 June 2024, the Griffith man was contacted by an undercover NSW Police officer (Assumed Online Identity or AOI) via messaging service WhatsApp. At first, he thought it was an adult woman contacting him because she had a profile picture at a Griffith winery, but the police officer later told Mr Foggiato they were a 14-year-old girl.
According to the agreed police facts of the case, Mr Foggiato sent communication with the intention of making it easier to procure the recipient to engage in sexual activity. He talked about her breasts, appearance and sexual activity and discussed sexual and romantic feelings in a general way over a seven-week period from 26 June 2024 to 9 August 2024. However, he did not send any sexually explicit messages or photos.
The court was told Mr Foggiato sent text messages such as:
“I think you’re cute, shame you’re not older.”
“I wish you were older and I’d like to take you out on a date.”
“If I were the same age as you, I’d love to be able to cuddle or kiss you.”
“Once you turn 18, we can share a sleeping bag.”
Throughout the conversation, Mr Foggiato showed remorse and guilt about what he was doing, often deleting texts after he sent them because he later felt they were inappropriate.
“It’s wrong for me to think this as you’re not of legal age,” he texted at one point.
The pair discussed meeting when she was an adult.
Between 15 and 25 July 2024, there were no text messages exchanged between the pair, until the undercover police officer posing as the 14-year-old reinitiated contact by texting Mr Foggiato “Heyyy”, to which he replied that he’d missed her.
In total, the pair had 30 conversations. At various times Mr Foggiato described what he thought was a 14-year-old as “cute”, “gorgeous”, “dear”, “my princess” and “honey”.
Between 28 July and 6 August 2024, there were no text messages exchanged between the pair. During that time, Mr Foggiato went on a cruise that departed from Sydney.
On 6 August 2024, the undercover officer reinitiated contact by texting “how’s the boat?” but there was no reply. On 9 August, he texted the officer three photos of the cruise.
Mr Foggiato was arrested by police when the boat docked at Sydney harbour on 9 August 2024. He said he couldn’t understand why police were apprehending him, because he said he wasn’t trying to see the person he was texting, they were just chatting.
Judge Jeffreys said the crime was significant but “towards the lower range” of an offence that carries a maximum sentence of 15 years in jail.
During Friday’s court hearing, a crow kept squawking loudly and tapping on the court window, causing the judge to have to raise his voice. Mr Foggiato attended the court room in person and listened to the sentencing judgement in silence.
Raised in Griffith, the court was told Mr Foggiato worked as a cabinetmaker for many years before being employed by TAFE NSW. A former employer noted his reputation as a diligent worker.
His good behaviour bond was backdated to commence on 3 May 2025 and will expire on 2 May 2026.
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