The offender was sentenced following pleas of guilty to 1 count of using a carriage service to transmit 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(1) of the Commonwealth Criminal Code.
Nature and Circumstances: Count 1 concerns 2 transmissions of child abuse material to 1 person. Count 2 concerns child abuse material on offender’s mobile phone comprising 238 images and 48 unique videos. The material was classified as 141 Interpol Category 1 images, 15 Category 1 videos, 97 Category 2 images, and 39 Category 2 videos. The offending involved in count 2 is a serious example of a possession offence. While the volume of material may be regarded as moderate when compared with other cases, a significant part of this material is particularly depraved. All of it involved real children. Offender’s personal interest in the material is relevant to the assessment of gravity. Offending in count 1 was limited to transmission of 2 images to 1 recipient over a 1 day period but, as a rolled up charge reflecting 2 discrete incidents, it involves greater criminality than a charge limited to 1 episode of criminal conduct. This offending involved the use of an encrypted application, demonstrating a degree of sophistication. This offending was at the lower end of seriousness for this type of offence.
Rehabilitation: Where the motivation for offending arises from some degree of sexual interest, successful rehabilitation will depend on the extent to which offender recognises a disorder and has taken steps to overcome it. Psychologist wrote in their report that offender meets the criteria for Paedophilic Disorder, is considered to fall into the moderate risk category of future offending of a similar nature and is assessed to have a much higher risk of recidivism than that of a typical first-time offender undergoing online-only charges, has demonstrated little insight into the relationship between their sexual interest and history of offending, and has little motivation to manage their sexual behaviour according to prosocial norms. Offender’s severe Alcohol Use Disorder enhances their risk for sexual recidivism. Due to offender’s limited insight, their lack of sex offender treatment thus far, and their moderate risk of reoffending, offender’s prospects of rehabilitation are very guarded.
Offender sentenced to 19 months imprisonment to be released after 6 months on recognizance of $1,000 to be of good behaviour for 2 years.
