David Agostinelli: His Offending

David Agostinelli: His Offending

David Agostinelli has pleaded guilty to communicating to make a child amenable to sexual activity, supplying a controlled drug to a child, indecent assault, unlawful sexual intercourse, and possessing child exploitation material. His offending relates to four girls who were aged 14, 15 and 16 at the time.

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Just landed here? Start from the start.

This all started in 2020 when he met Girl A online. He added her on Instagram and Snapchat, it wasn't long before she told him she was 14 and went to school. David was 23 at this time.

He promised to buy her lingerie and talked about her wearing fishnet stockings. He requested photos of her in her underwear which she sent. He told her that her boobs were sexy and asked for snaps of her and her friend because he heard the friend was sexy.

David ended up meeting Girl A in person, he supplied her with cocaine and used cocaine while with her. In late 2020, Girl A and Girl B came to visit David. The three of them ended up in Davids garage where he supplied them both with alcohol and cocaine, which they both used.

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The maximum penalty for that offence is a fine of $1 million or imprisonment for life or both.

It was through his connection with Girl A that he met Girls B, C and D. Which lead to the night where most of his offences took place.

02 April 2021: Remaining Offences

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Girl B was at Girl C's house with Girl D. Girl B contacted you via Snapchat. David said he will arrange an Uber to bring the three girls to your house, if they all wear fishnet stockings and schoolgirl patterned skirts, which they did.

When they arrived, initial discussions between the group, made it obvious that all the girls were underage. At the time Girl C was 16, Girl B and D were 15.  David supplied the girls with drugs and alcohol that night.

To get an idea of the night he had prepared;

David had a container of cocaine and prepared lines of cocaine for the girls to use. He also put cocaine inside cigarette filters and supplied them to the girls.  Girl C smoked quite a few of those smoke darts.  He supplied Girl B with cocaine about 10-12 times during the night.  And sold $30-40 worth of cannabis to Girl D.

It didn't take long before David had the girls were affected by drugs and alcohol. Due to their intoxicated state, they ended up being sexually intimate with each other and, at various stages of the night, David placed his hands on Girl B's waist and kissed her.

At one point of the night all four of them were in the bathroom.  The girls were all being sexually intimate with each other and he got some of them to hit his buttocks with his belt and he slapped Girl D's buttocks with his hand.

He then started kissing Girl D, and tried to put his fingers in her vagina.  She repeatedly said no.  David said to her "I can't get my fingers in if your closing your legs".  In the end he did manage to get his fingers inside her vagina a few times which hurt her and made her feel uncomfortable. David also grabbed a tennis racquet during the night. He inserted the handle into Girl C's vagina from behind when she was leaning over the sink. 

During the night, he drove the victims to a park to meet a male known to Girl B and D.  He dropped them both off at the park and then drove back to his house with Girl C. Once back at his house, they both were swinging on the swing together when he began to be rough with her, including choking her. He then had sex with her.

He continued to sex with Girl C when she was on her hands and knees in the bathroom, causing her to feel pain in her vagina.

Then, back on the swing, he made her perform oral sex.

They both used more drugs before David drove her to pick up the other two girls and the male they had met.  He then dropped the male at a bus stop and then drove home and arranged an Uber to take the girls home.

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Girl C took photos and videos during the night, which she later provided to the police.

David Agostinelli was arrested on 5 September 2021.

There was child exploitation material on his phone. There were 106 further images and videos on his phone and 1,048 on two USB's. They were all category 6, which is animated or virtual child pornography.

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There was a number of offences committed throughout that night which was classed as uncharged offences.

Girl A

Since David offended against her, her life is very scary and overwhelming.  She has suffered from panic attacks, flashbacks and nightmares about what he did. Her relationship with her mother has deteriorated and she feels as though her innocence has been taken away from her.

She blamed herself for what happened but now she understands that it was David who preyed upon her, and, of course, she is right. She is not in any way to blame for what happened. David was the adult and she was the child.

Girl C

She says that every day feels like a struggle, she has had suicidal thoughts and has tried to take her life to remove the pain and thoughts. She says the closest thing she has to death now is sleep. She sleeps the day away. 

Life if passing by but she is not living it. She wants to move on with her life, get a work and make money but it is a struggle. Her mother's statement is a description of love and despair for her daughter.


Our thoughts are with the girls. I trust they have the love and support they need to move on with their lives as survivors and not victims. If any part of this article brings further stress to the family, please reach out, I will happily amend it.

Sentence

Adding up all of the offences, David's sentence was a total of 10 years, five months and 17 days imprisonment. Her Honour Judge Kudelka, reduced the sentence to seven years and six months imprisonment.

The sentence commenced on 28 November 2023.