Site Logo

CDPP v Dosen [2022] VCC 1757

The offender was sentenced following a plea of guilty to 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: Offending occurred on a single date. Number of images in offender’s possession, being 16 files of child abuse material, is relatively limited compared to many other cases. While real children were not involved in the making of the material, such material is not harmless and should not be viewed as a mitigating factor.

Mental Condition: Forensic psychologist considered that the combined effect of the offender’s fluctuating symptoms of post-traumatic stress disorder (PTSD), attention deficit hyperactivity disorder (ADHD), persistent depressive disorder (PDD) and excessive drug use at the time increased their impulsivity, risk taking behaviour, heightened sexual desire and arousal and behavioural disinhibition. While this, of itself, does not mitigate the offending or moderate the offender’s moral culpability, it is accepted that their offending occurred within this context. Verdins limbs two and five are enlivened. Offender is more vulnerable because of their mental health conditions, along with their young age and lack of prior custodial experience.

Age: Offender was 19 years of age at time of the offending and is now 20. A youthful offender is not to be sent to prison if such a disposition can be avoided, as it would more likely impair, rather than improve, an offender’s prospects of rehabilitation. In the circumstances of the offender, there is no doubt that imprisonment would likely impede rather than progress their ongoing rehabilitation.

Rehabilitation: Offender presents with reasonably good prospects of rehabilitation. Offender has taken steps towards their rehabilitation, in the nature of ceasing drug use since their arrest and not utilising pornography. Offender continues to have ongoing support and attended their general practitioner recently for a health care plan. Offender is motivated to work and engaged with an employment agency. While the offending conduct is obviously concerning and serious, offender’s arrest and this entire process has served as a ‘wake up call’ for offender and has been salutary. Forensic psychologist’s opinion that the offender represents a relatively low risk of reoffending for sexual and any child pornography recidivism is accepted and taken into account. Offender also has no prior criminal history and no subsequent offending.

Offender sentenced to a 12-month Community Correction Order with conditions.
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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions