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DPP (Cth) v Colaiacovo [2021] NSWDC 218

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to transmit indecent material to a person under the age of 16 years, namely 14 years, contrary to s 474.27A(1) of the Commonwealth Criminal Code and 1 count of using a carriage service to solicit material and that material was child abuse material contrary to s 474.22(1).  

Nature and Circumstances: Photographs and video were sent within a relatively short period of time. The recipient was not a real child. This does not make the conduct less serious; rather, it would be more serious if a real child was involved. Transmission offence is mid-range but soliciting offence is below mid-range but not significantly so.  

General Deterrence: The principle in Porte is that general deterrence is not limited to matters involving the possession of child abuse material. Offences of possession of child abuse material and soliciting such materials are very much alike. The public policy behind the significance of general deterrence when dealing with this type of offending is the protection of children.  

Offender sentenced to 2 years and 6 months imprisonment to be released on recognizance after 15 months.
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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