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CDPP v Grant [2020] VCC 2066

The offender was convicted following a plea of guilty to 1 charge of using a carriage service to solicit child pornography material, 2 charges of obtaining child pornography material outside Australia, 7 charges of obtaining child abuse material outside Australia, 1 charge of an aggravated offence, 1 charge of distributing child abuse material outside Australia and 1 charge of possessing or controlling child abuse material obtained or accessed using a carriage service contrary to the Commonwealth Criminal Code. Two further instances of the same offending taken into account per s 16AB.

Nature and Circumstances: The period of time, from May to December 2019, is an indication of seriousness. Offender used their time and location overseas to prey upon children and exploited their vulnerability, not only as children but as children in poverty or need of economic help. The power imbalance was very marked. Offender was an active participant in market for child pornography, a market which encourages production of such material, and therefore the exploitation and violation of the children. Offending is represented by 13 separate charges. There were 12 different child victims of the overseas offending. Offender paid the children and engaged them in sexual conversation.

General Deterrence: The community has a real interest in knowing that those who exploit children in grave and harmful manner will be punished severely and that others may learn that such offending will attract a harsh sentence. The need to protect children overseas from Australian travellers is another sad but necessary aspect of general deterrence.

Offender sentenced to 5 years’ imprisonment with a 3 year non-parole period.      
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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