appeal against sentence — engaging in sexual intercourse with a child outside Australia contrary to s 272.8(1) Commonwealth Criminal Code — engaging in sexual activity with a child outside Australia contrary to s 272.9(1) Commonwealth Criminal Code — producing child pornography contrary to s 273.5(1)(a)(ii) Commonwealth Criminal Code — state offence — total original sentence imposed 5 years and 3 months’ imprisonment with 3 year non-parole period — co-operation — s 16A(2)(h) — practical difficulties of detection of this kind of overseas offending are well recognized — requires emphasis to be given to general deterrence but also highlights utility in offenders confessing to offences which might otherwise be difficult to prove — offender volunteered admissions in circumstances where had been confronted with some evidence of wrongdoing — even so without offender’s admissions unlikely offender would ever have been prosecuted — discount still applied — manifest excess — offender argued sentence not adequately reflect level of leniency warranted — contended sentences imposed high before co-operation discount applied — offender sought to establish by referring to sentencing practice as evidenced by three cases — maximum penalties for which offender fell to be sentenced greater than maximum penalties applied for offences in cases cited — that three instances cited suggestive of sentencing practice, cannot be determinative of appropriateness of sentence in question and even more so where sample of cases necessarily limited — victim impact statement — victim stated in victim impact statement that offending did not have emotional, psychological or physical impact and that situation improved due to offending — offender not rebutted presumption of harm in respect of victim — fact that child victim of extra-territorial offences perceives that sexual interaction might be to their benefit does not diminish the gravity of offending of this kind — must take into account victim’s dire social and economic circumstances — leave to appeal granted — appeal dismissed
