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R v Arnould [2020] ACTSC 345

The offender was convicted following a plea of guilty of one count of possessing or controlling child abuse material contrary to s 474.22A Commonwealth Criminal Code and one count of using a carriage service for child abuse material contrary to s 474.22 Commonwealth Criminal Code.

Nature and Circumstances: No distribution or profit was made from the material. A good deal of material is Category 4 and the children are very young. Even if all images were in Category 1, offending would remain serious. Offences are categorised as about medium objective seriousness.

Contrition: There is cogent evidence that offender has recognised their misdeeds and taken positive steps by seeking and continuing with treatment to address offending. This is not enough to keep the offender out of prison. Images and use for sexual gratification are such an overwhelming influence on sentencing process that sentencing judge was not prepared to divert from the course taken in other cases.

Offender sentenced to 9 months’ imprisonment to be released on recognisance release order after 3 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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