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LS v CDPP [2020] VSC 484

appeal against sentence — 5 counts of producing child exploitation material offence contrary to s 474.20(1)(a)(ii) of the Commonwealth Criminal Code, 5 counts of transmitting child exploitation material using a carriage service offence contrary to s 474.19(1)(a)(ii) of the Commonwealth Criminal Code — 6 additional state offences — in respect of all charges, sentencing judge deferred sentence and released offender on strict bail conditions which were breached — nature and circumstances of the offence — s 16A(2)(a) — these offences upper range examples of offences in question, mainly because of gross breach of trust in offender involving or, more precisely, exploiting offender’s baby daughter — offender manipulated by an older offender — whilst committed offences to make money, appeal judge accepted offender wanted the money to provide for their daughter, not themselves — antecedents — s 16A(2)(m) — offender’s childhood marked by neglect and abuse and, it seems to appeal judge, a failure by Protective Services to appropriately intervene — mental condition — s 16A(2)(m) — offender suffers from complex PTSD and borderline personality disorder — deprivation offender experienced, and disorders spawned by it, explain in large measure offender’s resort to illicit drugs — contrition — s 16A(2)(f)(ii) — offender remorseful for offending against their daughter — offender lost custody of daughter, access with her is supervised and very limited — guilty plea — s 16A(2)(g) — offender pleaded guilty to all but two of the charges — general deterrence — s 16A(2)(ja) — Section 20C of the Crimes Act 1914 (Cth) ‘picks up’ provisions of the Children Youth and Families Act 2005 (Vic) which deal with the sentencing of children under the CYF Act and makes those provisions ‘surrogate federal law’ — in CNK v R, the Court of Appeal decided that s 362(1) of CYF Act excludes general deterrence when sentencing a child under the CYF Act for a state offence — s 20C makes specific provision for child federal offenders — in appeal judge’s view, s 16A, a general provision regarding federal offenders, must yield to the specific provision that is 20C — appeal judge rejected that they must take general deterrence into account in sentencing offender on the federal offences — specific deterrence — s 16A(2)(j) — rehabilitation — s 16A(2)(n) — appeal judge considered that a substantial sentence of detention is required to impress on offender the need to take responsibility for their offending, to deter offender from further offending and to promote their rehabilitation — sentence — imposed 12 months’ detention in a Youth Justice Centre
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