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CDPP v Bailey [2023] VCC 1561

See full judgment: Austlii.

The offender was sentenced following pleas of guilty to 1 count of making available child abuse material using a carriage service contrary to s 474.22(1) of the Commonwealth Criminal Code and 1 count of possessing or controlling child abuse material obtained or accessed using a carriage service contrary to s 474.22A(1) of the COmmonwealth Criminal Code.

Nature and Circumstances: Count 1 relates to offender exchanging audio recorded messages that contained child abuse material. The two messages appear to have been brief. Count 2 involved 7 Interpol Baseline Category 1 videos and 4 Category 2 videos. The objective gravity of count 1 is relatively low. Offender’s conduct did not involve actual children, was constituted by words communicated over the telephone on two occasions, and occurred on a single day. Count 2 is more serious. The number of images offender possessed is relatively low and offender did not possess the child abuse material for further distribution or sale or profit. Count 2 is based on a singe day of offending.

Rehabilitation: Given offender’s age, good work history, and the absence of prior and subsequent convictions, consideration of specific deterrence and the protection of the community may be somewhat moderated. Offender’s prospects of rehabilitation are reasonable.

Offender sentenced to 8 months imprisonment to be released immediately on recognizance of $1,000 to be of good behaviour for 15 months.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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