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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
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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