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R v Logue [2020] ACTSC 115

sentence — preparing for or planning to have sexual intercourse with a child outside of Australia offence contrary to ss 272.8 and 272.20(1) of Commonwealth Criminal Code, use of carriage service to access child abuse material offence contrary to s 474.22 of Commonwealth Criminal Code, possessing or controlling child abuse material obtained or accessed using a carriage service offence contrary to s 474.22A of Commonwealth Criminal Code nature and circumstances of the offence — s 16A(2)(a) — because sentencing judge concluded the planning for sexual intercourse with a child outside Australia offence was probably incapable of being put into effect, the offence is below medium objective seriousness — the other 2 counts should probably be seen as being of medium objective seriousness, because any offence of this type is serious — the fiction of assessing seriousness has its place in a comparison between the most trivial and the most serious — however as to the very large space in between sentencing judge is not sure that any particular assessment is very relevant — character — s 16A(2)(m) — rehabilitation — s 16A(2)(n) — general deterrence — s 16A(2)(ja) — what is important here is the balance between on one hand the offender’s previous good character, their apparent remorse and insight, the limited likelihood of re-offending and their prospects of rehabilitation against, and on the other hand, the overwhelming wrongfulness of child exploitation and the need for public deterrence — potential viewers and collectors of material of this sort must be left in no doubt that, if caught, they are almost certainly facing a prison sentence — hardship to the offender COVID-19 — sentencing judge accepted COVID-19 is a relevant factor — visits to prison are an important element in ensuring the welfare of the inmates — it is important for sentencing judge to take into account the effects of the virus, both potential and existing, upon the offender — the result cannot however divert sentencing judge from conclusion that they must serve a period of time in full-time custody, but it is relevant to the length of that time — guilty plea — s 16A(2)(g) — a combination of the discount for the pleas of guilty and the relevance of the pandemic result in a discount of 25% — sentence — 18 months and 28 days imprisonment imposed, 3 months to be served by way of full-time custody then imprisonment suspended on condition offender enter into a recognizance release order
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