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 DPP v Hutchison (a Pseudonym) [2018] VSCA 153

appeal against sentence — producing child exploitation material for use through carriage service offence contrary to s 474.20(1)(a)(ii) of Commonwealth Criminal Code — state offences — offender discharged without conviction for federal offence under 3 year good behaviour bond — community correction orders imposed for state offences — rehabilitation — s 16A(2)(n) — rehabilitation powerful mitigating factor in relation to such young offender, notwithstanding objective seriousness of offending —  antecedents — s 16A(2)(m) — offender was himself victim of another’s serious offending, offending by adult against vulnerable child — element of persuasion and pressure applied to offender — pressed into offending and offender made efforts to bring matters to halt — in circumstances judge not erred in describing that persuasion and pressure as grooming and encouragement — contrition — s 16A(2)(f) — extent of offender’s shame and remorse exemplified by fact that originally pleaded guilty to more serious offence involving act not shown in video evidence and where such act as alleged by prosecution highly unlikely — age — s 16A(2)(m) — offending committed when offender 16 years old — offender plainly more mature person at time of sentencing than at time of initial offending — entitled to be sentenced for offending on basis that the assessment of nature and gravity of offending and of offender’s moral culpability took into account that acts done as child — sentencing practice — correct to make reference to current sentencing practices in submissions — in this case no sentencing decisions or other authorities compelling particular result —sentence may properly be regarded as merciful but not to say sentence imposed wholly outside permissible range — appeal dismissed
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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