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DPP v Chapman [2020] VCC 1136

sentence — 2 counts of using a carriage service to solicit child exploitation material offence — additional state offences — offender committed offender whilst placed on Community Correction Order for 18 months due to previous offence of using a carriage service to transmit indecent communications to a child under 16 years — aggravated feature of offending for Count 1 — character — s 16A(2)(m) — other relevant subsequent convictions — victim from Charge 1, with whom offender had a relationship, obtained a family violence intervention order which offender breached giving rise to a charge of Persistent Contravention of a Family Violence Order, where offender sentenced to 90 days’ imprisonment — granted freedom after serving 72 days because of allowance for periods of emergency lockdown — age — s 16A(2)(m) — guilty plea — s 16A(2)(g) — offender 25 years old and accordingly a youthful offender — aged between 18 and 23 during time of offending — entered pleas of guilty at earliest possible opportunity and entitled to benefits that flow from offender’s pleas, being their utilitarian benefit and that they are some evidence of your remorse — rehabilitation — s 16A(2)(n) — circumstances surrounding offending are concerning particularly because of prior convictions and that offending committed whilst offender serving Community Correction Orders, which is aggravating feature of offending — subsequent offending would tend to show this offending falls into pattern of behaviour that may be entrenched — sentencing judge regarded prospects of rehabilitation as guarded — specific deterrence — s 16A(2)(j) — general deterrence — s 16A(2)(ja) — conduct of that kind committed by offender must be deterred — offender must be specifically deterred by further offending — offender assessed as moderate risk of sexual reoffending and accordingly protection of community from offender must play a role in exercise of sentencing discretion — offender’s conduct must be publicly denounced and offender must be justly punished — although offender is a youthful offender and sentencing judge must look to offender’s rehabilitation — sentence — imposed 2 years’ and 7 months imprisonment — after serving 18 months imprisonment released on recognisance order for 13 months — s 6AAA — but for guilty plea, would have imposed 4 years’ imprisonment with a 2 year and 6 month 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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