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DPP v Bradley [2022] VCC 414

The offender was sentenced following pleas of guilty to 2 counts of using a carriage service to transmit or access child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code and 1 count of possessing child abuse material obtained or accessed using a carriage service contrary to s 474.22A(1) of the Commonwealth Criminal Code. Additional carriage service offence taken into account pursuant to s 16BA.

Nature and Circumstances: Offending transmitted child abuse material to 15 other online users and took place over 18 days. Child abuse material comprised of 18 unique videos and images. Offender accessed 38 images and 58 video files in total. Volume of material transmitted, accessed and possessed is at the low end compared to most cases of this type. Offending was isolated to one course of conduct over a relatively short period of time. Notwithstanding a significant amount of overlap between the offences, offending is serious and warrants a term of imprisonment.

Guilty Plea: Plea of guilty was at a very early stage and coupled with forthright and frank admissions in offender’s record of interview. Plea has high utilitarian value and warrants a substantial discount.

Rehabilitation: Psychologist assessed the offender as falling into the low risk category for sexual offending and re-offending. Offender expressed deep shame and remorse and has experienced very extensive extra-curial punishment. Offender’s participation and progress in counselling almost immediately after being charged is a true demonstration of offender’s remorse and a very significant factor that will prevent them from re-offending. Psychologist was of the opinion the offender had demonstrated good development of insight into the motivations that underpinned their offending and a more realistic perspective regarding the victims of child abuse material and the offender’s personal role in facilitating harm towards children. Offender ‘coming out’ to those around them shows acceptance of responsibility for offending and provides a further mechanism that will assist to prevent them from re-offending. Offender has excellent prospects for rehabilitation.

Offender sentenced to 12 months imprisonment to be released forthwith upon entering a recognisance of $2,000 to be of good behaviour for 3 years with conditions.
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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