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R v Bowron [2022] NSWDC 460

The offender was sentenced following a plea of guilty to 1 count of using a carriage service to access child abuse material contrary to s 474.221 of the Commonwealth Criminal Code. Additional carriage service offence taken into account pursuant to s 16BA.

Nature and Circumstances: Offender had 1,685 images constituting child abuse material on their computer. The majority of the images depicted toddlers and young females between 2 and 4 and is an aggravating feature. Images were accessed over an extended period of 1 year and 8 months.

Character: Offender is a person of good character. Offender has managed to reach the age of 65 before having any criminal convictions. Conviction for current offence came at the end of a slow decline in offender’s mental and physical health over the years. The law requires that good behaviour be given limited weight.

Rehabilitation: Offender has good prospects of rehabilitation. Offender has engaged with treatment and understands the impact their social isolation and alcohol misuse has had on them. Offender’s lack of criminal antecedence stands them in good stead to rehabilitate themselves. Offender presents as a low risk of re-offending. Offender has expressed contrition, shame and embarrassment. Offender has openly told their friends about the offences and appreciates the gravity of their offending conduct.

Hardship: Offender suffers from a complex mental condition, claustrophobia and a myriad of physical ailments which will make their time in custody ore onerous. Offender requires treatment that is more readily available in the community.

Offender sentenced to 18 months imprisonment, to be released after 9 months on entering into a recognizance in the sum of $1 to be of good behaviour for 3 years with conditions.
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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