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DPP (Cth) v Rivo [2021] VCC 1799

The offender was sentenced following pleas of guilty to 4 counts of encouraging an offence against s 272.9(2) of the Commonwealth Criminal Code, 2 counts of using a carriage service to cause child abuse material to be transmitted to self contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of causing a child to engage in sexual intercourse outside Australia contrary to s 272.8(2) of the Commonwealth Criminal Code, 1 count of using carriage service to solicit child abuse material contrary to s 472.22(1) of the Commonwealth Criminal Code, 2 counts of encouraging an offence against s 272.8(2) of the Commonwealth Criminal Code, 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.  

Nature and Circumstances: Offending occurred over a 7 month period, but most offending occurred over a two week period. The charges involved the encouragement of sexual exploitation and actual exploitation of a number of children over that period. Offending was entirely motivated by deviant sexual gratification. There is no evidence that gives rise to Verdins considerations or any other principles that may be called in to reduce moral culpability. Offender’s moral culpability in circumstances where offender has committed very similar crimes in the past can only be described as very high.  

Specific Deterrence: Offending commenced approximately 12 months after expiry of sentence for very similar offending. Offender seeks to shift blame to others. Despite engaging in sex offender program as requirement of previous sentence, offender reoffended in relatively short time and psychological evidence discloses that offender remains a risk to the community.  

Offender sentenced to 12 years imprisonment with a 9 year non-parole period.
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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