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DPP v Edwards [2021] VCC 238

The offender was sentenced following a plea of guilty to 2 counts of using a carriage service to groom a person under 16, 1 count of transmitting child pornography material and 1 count of transmitting indecent communications to a person under 16 using a carriage service contrary to the Commonwealth Criminal Code.  

Mental Condition: While offender demonstrated inefficiencies in his capacity to reason, adapt, problem solve and moderate behaviour, they exhibited a clear understanding of the wrongfulness of their conduct. Psychologist concluded their disability was not causally linked to his offending but did consider that disability may have been contributor to behaviour, given obvious impairments exhibited with respect to decision-making. Offender was not suffering from a mental illness. Offending was offender’s way of coping with particularly difficult time. Offender’s mental health issues and very low intellectual capacity would contribute to making a sentence of imprisonment weigh more heavily on them. Offender would be more susceptible to manipulation. Offender’s moral culpability reduced to an extent. Offender is remorseful for offending.  

Offender sentenced to 200 hours of community service over 2 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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