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R v KB [2019] ACTSC 136

sentence — one count of using a carriage service to access child pornography contrary to s 474.19(1)(a)(i) of the Commonwealth Criminal Code and one count of using a carriage service to transmit child pornography contrary to s 474.19(1)(a)(iii) of Commonwealth Criminal Code objective seriousness — offence 1 objectively very serious matter involving 490 images, including 84 images in categories 4 and 5 — it was significant that there are a number of different children and this offence was committed over a period of more than 3 years — accessing such material online contributes to sustaining a market for appalling material — offence 2 objectively very serious, containing images of a high level and depravity and relevantly involved transmission to up to 57 people — contrition — s 16A(2)(f) — offender agreed with statement of facts for current offences and claimed full responsibility for his actions — offender is clearly remorseful — guilty plea — s 16A(2)(g) — conflict between ACT decision of Harrington and decisions in Victoria and New South Wales — sentencing judge bound by decision in Harrington — this conflict in authorities will need to be resolved by ACT Court of Appeal — 25% discount for pleas of guilty taking into account offender’s remorse, acceptance of responsibility and willingness to facilitate the course of justice — delay — case was delayed for 9 months and 21 days due to collecting foreign evidence — delay was not the kind which itself warranted a mitigating impact on sentence, not being undue, unwarranted or inordinate and impact on offender’s rehabilitation is minimal — rehabilitation — s 16A(2)(n) — rehabilitation is an important consideration having regard to offender’s engagement with psychologists on issues related to the current offences and medical evidence regarding specialist rehabilitation in community — offender’s guilty plea, remorse, suitability for ICO, evidence-based therapy currently undertaking successfully and consequent significant prospects for rehabilitation, point in direction other than term of imprisonment served by way of fulltime custody — sentence imposed — 3 years’ imprisonment served by way of intensive corrections order
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