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DPP v Navarro [2021] VCC 264

The offender was sentenced following a plea of guilty to 1 count of using a carriage service to access child pornography material contrary to s 474.19(1) of the Commonwealth Criminal Code, 1 count of using a carriage service to solicit child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of using a carriage service to make child abuse material available contrary to s 474.22 of the Commonwealth Criminal Code, 1 count of using a carriage service to transmit child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of possessing or controlling child abuse material obtained or accessed using a carriage service contrary to s 474.22A(1) of the Commonwealth Criminal Code.  

Nature and Circumstances: Offending was perpetrated using an application that allowed offender to maintain anonymity. Offender’s involvements in exchange of child abuse material contributed to the market in that material, which fuels the victimisation of the children who are created to exploit it.  

Mental Condition: Offender’s breakdown of marriage and underlying psychological vulnerabilities provide some context for offending, but it must be emphasised that there can be no justification for offending as antithetical to human decency as this offending is.  

Rehabilitation: Offender has much work to do with respect to rehabilitation. In addition to undertaking sexual offence treatment offender will need to deal with alcohol abuse and obtain psychological assistance with respect to anxiety. Offender is motivated and prospects are therefore reasonable.  

Offender sentenced to 4 years imprisonment with a 2 year and 3 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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