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DPP (Cth) v Venugopal [2022] VCC 1843

The offender was sentenced following a plea of guilty to 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 involved possession of a phone which contained 7 video files which have been categorised as child abuse material. All of these files were categorised as category 2.

Contrition: Offender’s plea is indicative of remorse. Offender’s remorse was demonstrated by a number of factors. Offender was cooperative with investigators and freely gave them passwords to offender’s telephone. Offender regularly attends upon psychologists and a sexologist. Offender has freely engaged in psychological therapy for an ongoing period since their offending. Multiple character references speak of offender’s remorse. Offender wrote a letter of apology to the Court which is a sincere expression of remorse. Offender has demonstrated full and insightful remorse going well beyond their plea of guilty.

Antecedents: Offender has no criminal history. Offender’s family life was not happy as their father was an abusive and critical man. The abuse wore offender’s mother down and she was sometimes a neglectful parent. Offender suffered childhood sexual abuse by a neighbour when they were around 10. Offender’s marriage was not a happy one; offender separated from their wife in 2018. Offender went on to have a more successful relationship however the stresses of lockdown led to it breaking down. Offender was made redundant in 2021.

Offender sentenced to 1 year imprisonment to be released immediately upon entering recognizance of $2,000 to be of good behaviour for 1 year with supervision.
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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