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DPP (Cth) v Scott [2022] VCC 499

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to transmit child pornography material contrary to s 484.19(1)(a)(iii) of the Commonwealth Criminal Code and 1 count of possessing child abuse material obtained by using a carriage service contrary to s 474.22A(1) of the Commonwealth Criminal Code.

Nature and Circumstances: In respect of charge 1, offender admitted to sharing child pornography once or twice by screenshotting the original image and sending it to another individual. Offender’s cooperation and admissions in their record of interview with police were the whole of the evidence against them as electronic evidence had been lost. Evidence does not prove the number of images transmitted, frequency of transmissions or level of depravity depicted in the transmitted child abuse material. In respect of charge 2, offender possessed 511 images and 1 video. Material is depraved and clearly shows the abuse of children between 4 and 13.

Antecedents: Offender has a prior criminal history for dishonesty offences. Offender’s lack of prior history for sexual offending against children gives some comfort that with the right support and treatment their prospects of rehabilitation will be improved. Prospects of rehabilitation remain guarded given the offender’s criminal history.

Offender sentenced to 12 months imprisonment, to be released after 6 months on a recognisance release order of $2,000 for 3 years.
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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