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DPP v Phibbs [2022] VCC 2126

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to make available child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code and 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: Offender possessed three child abuse material files. Although the images are far from the worst seen in the courts in terms of both content and number, offender is considered serious. Offending is properly categorised as towards the lower end of the spectrum of seriousness.

Rehabilitation: Psychologist assessed the offender’s overall risk of sexual recidivism as low to moderate. It is accepted that the offender has very good prospects of rehabilitation. Offender has actively sought specialist treatment, formed the basis for genuine remorse for their offending and is a man of otherwise good character. Serving time in custody is likely to undermine offender’s rehabilitation and cause them to lose their current employment. It is in the offender and community’s interests that these do not occur.

Offender sentenced to 15 months imprisonment, to be released immediately upon entering recognizance in the amount of $1,000 with conditions.
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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