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Martin v The Queen [2019] NSWCCA 197

appeal against sentence — 5 counts of using carriage service to transmit child exploitation material offence contrary to s 474.19(1)(a)(iii), 7 counts of using carriage service to solicit child exploitation material offence contrary to s 474.19(1)(a)(iv), and 8 counts of using carriage service to transmit indecent communication to persons under 16 years old offence contrary to s 474.27A(1) of Commonwealth Criminal Code — 2 state offences — 15 additional Commonwealth child exploitation offences taken into account under s 16BA — original sentence imposed 7 years’ imprisonment with a 4 year non-parole period — manifest excess — offending occurred over 2.5 year period involving significant deliberation and manipulation, including use of multiple online identities and misrepresentation of offender’s age to victims — offender very active and persistent offender who did not confine interest in child pornography to examination of images but also contacted persons whom offender understood to be young males and engaged them in indecent communications despite efforts by many to have offender desist from further contact — total effective sentence well within exercise of reasonable sentencing discretion in all circumstances of this case — leave to appeal against sentence granted — appeal against sentence 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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