A convicted sex offender who tried to set up a secret meeting with a teenage boy at an Albury basketball court has been refused the right to appeal his jail sentence.
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James Campbell, 29, was last year sentenced to five years and nine months in jail after pleading guilty to charges including three counts of grooming a child under 16 for sexual conduct and possessing child abuse material.
He was registered as a sexual offender for life after being jailed for sexual assault against a child in 2012, but claimed the judge's sentence in this case was "manifestly excessive".
Campbell began contact with both his victims using the online Playstation game Black Ops 2, then moved to communication over Facebook, Skype and text message.
The first boy was 12 years old when Campbell starting sending him crude and sexual messages until his father found out.
Police arrested the man on January 14, 2018 and released him on bail.
Just one month later, Campbell offended again.
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This time he started messaging a 14-year-old boy and they exchanged photographs.
They had agreed to meet at the Lauren Jackson Sports Centre, but Campbell cancelled and they made a new plan to meet at the Albury Skate Park on February 25.
"I'll come down for a holiday to see ya. Is there a park or school near u ... So could u get there by ya self. So we could make out with out ppl looking," one message said.
But on February 22, the boy's parents discovered the messages and reported the matter to the police.
Cambell's lawyer argued his client's "cognitive functioning, immaturity, poor social skills, interpersonal naivety and dependent personality style" were relevant and denied he used the video game to seek out children.
Supreme Court judges Phillip Priest and David Beach said in their judgement that County Court Judge John Carmody had "correctly described the content of the applicant's communications as 'highly sexualised and depraved'".
"The sentences imposed on the applicant in the past have plainly not deterred him and on the evidence given on the plea, the judge was clearly entitled to conclude that the applicant is a high risk of reoffending against boys under 16," they said.
"If anything, the individual sentences, the total effective sentence and the non-parole period were moderate in all the circumstances."
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