Cullinan-Smayle was sentenced following pleas of guilty to 2 counts of using a carriage service to procure a person under 16 years of age to engage in sexual activity contrary to s 474.26(1) of the Commonwealth Criminal Code, 3 counts of causing child abuse material to be transmitted to themselves contrary to s 474.22(1) of the Commonwealth Criminal Code, 17 counts 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 or controlling child abuse material obtained or accessed using a carriage service contrary to s 474.22A(1) of the Commonwealth Criminal Code. Additional child exploitation offences were taken into account under s 16BA. Heels was sentenced following pleas of guilty to 20 counts of using a carriage service to transmit child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of causing child abuse material to be transmitted to themselves using a carriage service contrary to s 474.22(1) of the Commonwealth Criminal Code, and 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. Offender also sentenced for state child exploitation offences. Additional child exploitation offences taken into account under s 16BA.
Nature and Circumstances: Offenders’ exchanges are, by their nature, Interpol Category 2 child abuse material. Nineteen of the children described in offenders’ messages were known to both offenders. They were either students of Heels or children of friends and acquaintances whom offenders were connected to on social media. Exchanges consisted of pornographic and non-pornographic images. The Category 1 images and Category 2 text messages showed and described sexual activity with or upon known and unknown children. The sexual activity described is frequently of a violent or aggressive type of non-consensual sexual contract. The material is deeply depraved, confronting, explicit, and without exception, provides extreme examples of descriptions of child abuse. The children discussed were aged between a few months to 14 years. For the transmission charges, the number of images is relatively small. In the case of the possession charged, for each offender, the number of discrete images is significant. The transmission charges relate to the transmission to one other person per count.
Mental Condition: Psychologist opines that while Cullinan-Smayle does not present with any psychotic illness, they do have several features consistent with a Personality Disorder. Cullinan-Smayle presents with an enduring paraphilic disorder and their lack of a paedophilic disorder borders on irrelevant. Heels told psychologist that a sexual interest in children was not something they have contemplated until they were urged to participate in watching child pornography with Cullinan-Smayle. However, Heels accepts that the taboo nature of the topic excited them.
Rehabilitation: Offenders entered pleas of guilty at an early stage. Heels expressed remorse, albeit a limited understanding of the consequences for victims and their families. Heels expresses a desire not to reoffend. In apparent contradiction, Heels wishes to remain in a relationship with Cullinan-Smayle notwithstanding their interest in illegal material. Psychologist suggests that Heels has a moderate-to-high risk of further child abuse material reoffending. Statutory restrictions against Heels teaching in the future will reduce that risk.
Cullinan-Smayle sentenced to 10 years imprisonment with a non-parole period of 6 years and 7 months. Heels sentenced to 10 years imprisonment with a non-parole period of 6 years and 3 months for Commonwealth offences.
