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CDPP v Martion [2022] VCC 2204

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to make available child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code and 1 count of possessing child abuse material obtained or accessed using a carriage service contrary to s 474.22A of the Commonwealth Criminal Code. Offender also sentenced for a state child exploitation offence.

Nature and Circumstances: On count 1, offender sent a URL to a website containing 88 files. There were 24 Interpol category 1 images, 54 category 1 video files, 5 category 2 images, and 5 category 2 videos. Offender sent the link to a complete stranger with whom they had been chatting within moments of being asked. The material offender sent was ‘absolutely appalling’ and ‘shocking’. Offending was very serious and involved the abuse of many different children. The victims abused to produce the material were very young, aged between 6 and 10. On count 2, offender possessed 10 images. 6 images were category 1 and 4 were category 2. The material cannot be described as being of the most depraved character. Offender did not receive any monetary gain from the offending.

Antecedents: Offender’s criminal history includes driving offences, assault, possess and cultivate cannabis, possess smoking implements, stealing, possess child exploitation material, possess or copy indecent or obscene articles, breaching bail, failing to comply with reporting obligations, and furnishing false or misleading information relating to their residential address. As a result of prior child exploitation offences, in accordance with s 16AAB, federal offences carry a mandatory minimum head sentence of 4 years.

Mental Condition: Offender is diagnosed with persistent depressive disorder and cannabis use disorder and meets the criteria for other specified paraphilic disorder (hebephilia). Offender’s depression, in the context of isolation, would have weakened their self-resolve. Offender appreciated the wrongfulness of offending. Limb 6 of Verdins is not engaged.

Contrition: Offender pleaded guilty at the earliest opportunity. Despite some initial hesitation, offender was generally cooperative with the police and made some appropriate admissions. Offender’s pleas of guilty and cooperation are indicative of remorse.

Offender sentenced to 4 years and 6 months imprisonment with a non-parole period of 2 years and 10 months for federal offending.
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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