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DPP v King [2022] VCC 765

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to access child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of using a carriage service to solicit 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. Additional offence of using a carriage service to transmit indecent communications to a person believed to be under 16 years also taken into account pursuant to s 16BA.

Nature and Circumstances: In relation to count 1, offender accessed child abuse images between 9 December 2020 and 15 June 2021. This is not an insignificant period of offending, but the majority of the child abuse material was accessed over around 2 days. In relation to count 2, offender transmitted indecent communications on 7 occasions. The absence of a real victim does not mitigate the offending. In relation to count 3, offender possessed 374 unique images on their mobile phone. A great deal of the child abuse material in offender’s possession depicted solo sexual posing. Offending occurred in the context of extreme drug use and lowered inhibitions and hypersexual activity.

Antecedents: Offender has an extensive criminal history, dating back to 1991. Most of the previous offending can be characterised as low-level dishonesty offences, though offender was found guilty of indecent assault in 2008 and wilful and obscene exposure in public in 1999. There has been a significant passage of time since the offender’s last court appearance.

Rehabilitation: In line with offender’s prior history and previous opportunities, prospects of rehabilitation  are guarded and largely dependent on the offender remaining abstinent from drugs and receiving targeted treatment. Offender falls into the moderate high-risk category of sexual offending in the absence of any further interventions designed to address your risk. Offender is highly susceptible to a relapse of substance abuse and use. Offender shows good prospects of rehabilitation according to psychologist and neuropsychologist opinions.

Offender sentenced to 20 months imprisonment to be released immediately upon entering recognizance in the amount of $2,000 to be of good behaviour for 3 and a half years.
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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