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DPP v Jamali [2022] VCC 1285

The offender was sentenced following a plea of guilty to 1 count of using a carriage service to transmit child abuse material and 1 count of possessing child abuse material contrary to the Commonwealth Criminal Code. Additional solicitation of child abuse material offence was taken into account pursuant to s 16BA.

Nature and Circumstances: Offending is at a low level with a very small quantity of material. Transmission was involved but of a single video. All up, 2 children are represented.

Rehabilitation: Offender has had no problems in holding down a job, has stable family relationships and is absent of features that would typically impede a person’s rehabilitation, such as drug addiction or serious mental health issues. There is no suggestion in the two psychologist reports that the offender is a paedophile or has actual sexual interest in children. Offender has engaged in significant treatment already with sizeable gains and an increasing insight about the problematic nature of this sort of material. Steps taken by the offender are far greater than is often seen at the time of a plea. Offender has very good prospects of rehabilitation and are a very low risk of reoffending in this way. It is appropriate to significantly moderate the weight given to general and specific deterrence and, accordingly, give more weight to offender’s ongoing rehabilitation.

Deportation: Undoubtedly, there is a risk of deportation. Offender’s visa will at least be looked at again or reconsidered. If it is cancelled, offender would have the opportunity to ask for reconsideration of that decision and, dependent upon who makes that decision, there might even then be the ability to take it further before a court or tribunal. It is difficult to make any prediction as to how these matters would play out. There is a state of real uncertainty in the offender’s mind. There is no question the offender would continue to feel great anxiety about this issue and the real prospect of losing the opportunity of settling permanently in this country.

Offender released under s 20(1)(a) without passing sentence upon entering recognise in the sum of $1,000 to be of good behaviour for a period of 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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