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R v Appleby [2021] ACTSC 55

The offender was sentenced following a plea of guilty to 2 counts of possessing or controlling child abuse contrary to s 474.22A of the Commonwealth Criminal Code and 1 count of using a carriage service to access child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code. Offender was sentenced for additional State offences.  

Nature and Circumstances: Offender accessed and possessed a significant quantity of child abuse material, the content of which is clearly of significant gravity. The likely number of individual unique victims is no less than 600 children, ranging in age from about 2 months to 15 years. The offender did not make material available for sale or further distribution or engage in the offending for profit. The absence of these factors does not mitigate the offending. Offences are serious.  

Remorse: Offender denied being sexually attracted to children and denied that actions were premeditated, despite knowing that actions were unlawful. Offender displayed limited victim empathy and referred to the child abuse material as being abstract in nature. Substantial weight is not ascribed to the remorse expressed. The PSR and two reports reveal an inconsistent level of remorse and insight.  

Offender sentenced to 33 months imprisonment to be released on 2 year recognisance release order after 18 months.
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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