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R v Cobcroft (No 2) [2022] ACTSC 15

The offender was sentenced following pleas of guilty to 1 count of possessing child abuse material accessed via a carraige service contrary to s 474.22A(1) of the Commonwealth Criminal Code, 1 count of using a carriage service to access child poronography material contrary to s 474.19(1)(a)(i) of the Commonwealth Criminal Code, 1 count of using a carriage service to access child abuse material contrary to s 474.22(1)(a)(i) of the Commonwealth Criminal Code.  

Nature and Circumstances: Material comprises computer-generated images and depicts no real human children. The images are very realistic and highly offensive. The text accompanying some of the images is degrading, objectifying and most disrespectful of the human value of children. The offender possessed 21,149 files of child abuse material. The offender had been collecting material for more than two years. The offending was committed for the offender’s sexual gratification.  

Recognisance Release Order: There is a presumption that a child sex offender will serve an actual term of imprisonment unless there are exceptional circumstances. While there were no actual children harmed, the offender has strong prospects of rehabilitation, and insight and remorse into offending, these factors do not combine to constitute exceptional circumstances.  

Offender sentenced to 21 months imprisonment, to be released on recognisance after 5 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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