Site Logo

R v Armstrong [2020] ACTSC 298

sentence — 1 count of possessing or controlling child abuse material contrary to s 474.22A of Commonwealth Criminal Code — 1 count of accessing child pornography material contrary to ss 474.19(1) and 474.22(1) of Commonwealth Criminal Code mental condition — s 16A(2)(m) — symptoms and behaviour consistent with diagnosis of Social Anxiety Disorder — offender will find particular difficult in dealing with disorder in custodial setting — contrition — s 16(A)(2)(f) — not confident in making any detailed assessment of offender’s actual remorse or contrition for offending — it is necessary to have a degree of persuasion from the material to reach conclusions — reports do not reveal person with true insight into effect of offending on others and consequent contrition or remorse — approach of offender appears to minimise extent of actions — guilty plea — s 16A(2)(g) — plea of guilty entered at earliest reasonable opportunity — plea is indicative of willingness to facilitate course of justice — weight of plea should be reduced by fact that prosecution case was very strong — offender sentenced to 18 months’ imprisonment to be released on recognisance release order after 6 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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions

top-arrow