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R v Davison [2020] ACTSC 272

sentence — possessing or controlling child abuse material contrary to s 474.22A of Commonwealth Criminal Code nature and circumstances — s 16A(2)(a) — no suggestion of distribution of material or any profit being obtained from it — number of images is significant as is nature of content — not clear for how long material was possessed — objective seriousness of offending is at about medium objective seriousness — mental condition — s 16A(2)(m) — offender suffers from major depressive disorder and ongoing anxiety — offender takes antidepressants — according to report by psychologist offender would be ill-equipped to deal with social challenges of incarceration — contrition — s 16A(2)(f) — offender does not believe they have done anything illegal but pleaded guilty on legal advice — offender apparently expressed belief that actions had not caused any negative impact — general deterrence — s 16(2)(ja) — cases like this call out for significant sentences — all persons must be discouraged from fulfilling sexual needs through images of children — children are not pawns or playthings for sexual gratification of adults — it is difficult to express more abhorrence than in respect of crimes involving children their manipulation and their degradation — guilty plea — s 16A(2)(g) — offender entitled to discount from plea of guilty — appropriate discount is 25% — offender sentenced to 9 months’ imprisonment to be released after serving period of 3 months upon recognisance release order
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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