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CDPP v Lamb [2023] VCC 1585

See full judgment: Austlii.

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to access, transmit, and cause to be transmitted child abuse material 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: The offending conduct consisted of only 2 files and 7 instances of chat over only a few days. There is no suggestion that offender possessed the material for sale or further distribution beyond sharing 1 image with 1 other chat participant. There was no demonstrable planning, organisation, or sophistication in your offending. There were 2 actual children depicted in the images, although only the video disclosed conduct of an overtly sexual nature. Offending falls somewhat lower than moderate objective seriousness.

Rehabilitation: Offender’s engagement in relevant counselling and treatment for over 2 years has been intensive and prolonged. Offender’s commitment to that task is to be commended. Offender’s prospects of rehabilitation are good. Offender has no criminal history and otherwise enjoys a good character in the community.

Mental Condition: Offender’s relevant experiences in childhood are mitigatory and serve to moderate their moral culpability to an extent. Any time in custody will be more onerous to offender due to their related post-traumatic stress disorder. Offender’s moral culpability is reduced due to their post-traumatic stress disorder. It is appropriate to apply a proportionate reduction in weight to general deterrence and specific deterrence accordingly.

Offender sentenced to 12 months imprisonment to be released immediately on recognizance of $2,000 to be of good behaviour for 18 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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