Site Logo

DPP (Cth) v Volovik [2022] VCC 2184

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: Offender populated a computer drive to the degree of 10,564 images and 389 videos. The concentration as to the subjects was upon very young children. The behaviour committed against these children is quite depraved. Objectively at each level, the child abuse material is in the high range. The offence was not aggravated by distribution or forwarding of this material. It was a ‘one-off’ situation.

Rehabilitation: Offender has no priors. There was an admitted sexual interest in young females. There was an ongoing denial in the history given to psychologist. Given offender’s high intelligence, they will take the steps recommended by psychologist to effect their rehabilitation and ensure that they are not involved in this type of criminality again.

Hardship: Offender’s wife is on maternity leave, having recently given birth to their first child. The impact of the sentence will be particularly marked to offender because of that. This conviction will in the future impact offender’s employment potential, where previously they had been a major achiever. Offender’s Asperger’s diagnosis will make prison more burdensome for offender.

Offender sentenced to 2 years and 6 months imprisonment, to be released after 12 months on recognizance of $2,000 to be of good behaviour for 18 months.
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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions