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DPP (Cth) v Lou [2019] VCC 1399

sentence — import tier 2 goods offence contrary to s 233BAB(5) of Customs Act 1901 (Cth) — 1 child exploitation State offence — federal offence relates to importation of 2 sex dolls with childlike features — nature and circumstances of the offence — s 16A(2)(a) — no evidence that offender sought to sell or distribute dolls, dolls were for offender’s own use — while it may invoke feelings of disgust, in all the circumstances sentencing judge did not view objective seriousness of federal offence as being at the high end — guilty plea — s 16A(2)(g) — contrition — s 16A(2)(f)(ii) — guilty plea entered at earliest opportunity demonstrates offender’s acceptance of responsibility, saved time and expense of trial and therefore facilitated the course of justice — has distance to go in terms of treatment in order for offender to develop true remorse — age — s 16A(2)(m) —offender 21 years old at time of sentence, and between 19 and 20 years old during time of offending — offender very immature for their age and level of education — immaturity has also been accentuated by cultural dislocation having been isolated in Australia from a relatively young age — sentencing judge accepted well-settled principles in relation to young offenders and that they do have application in current case, but weighed those considerations with the seriousness of offending — youth and immaturity of offender together with type of offences make offender a comparatively vulnerable prisoner — specific deterrence — s 16A(2)(j) — risk of further online offending if offender faced with time of heightened stress or loneliness — but offender young and does not have prior history — criminal process already had significant impact on offender and offender now appreciates seriousness of conduct — rehabilitation — s 16A(2)(n) — if able to complete further counselling and gain greater insight into impact of offending on vulnerable children, prospects of rehabilitation may be assessed as very good — supportive, well-resourced family and undoubtedly offender will gain further insight as they naturally mature — sentence — imposed 4 months’ imprisonment, released upon 3 year recognizance order and community correction order
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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