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R v Lozinski [2022] NSWDC 487

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to make available child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code.

Nature and Circumstances: Offending comprised of two voice messages which took place for a duration of 3 minutes. No actual children were used in the creation of the material, no images were involved and the communications were not disseminated or transmitted to others. Offending was unsophisticated and of a very short duration and did not involve a network of like-minded persons. Offending fell towards the very low end of the range of objective seriousness for such an offence.

Family and Dependants: Offender is the carer for their mother who is now aged 91. Whilst offender was not responsible for her care at the time of the offence, they became fully aware of her needs when they were bailed to reside with her. Offender’s mother would suffer considerable hardship in the event that a custodial sentence was imposed on offender and that such hardship would endure for what may be the rest of her life.

Rehabilitation: Offender has no sexual interest in children and any rehabilitation required must relate to their mental health generally. Offender has progressed that rehabilitation by accepting treatment from psychiatrist and intends to continue that treatment. Offender is of a low risk of recidivism given the absence of risk factors. Offender is genuine in their remorse and has insight into the impact of their offending. Offender therefore has good prospects of rehabilitation.

General Deterrence: General deterrence is the primary sentencing consideration for offences involving child abuse material and online sexual exploitation of children. The importance of general deterrence is however diminished as offending was at the very low end of the objective seriousness for the offence and the offender themselves terminated the communication.

Offender discharged without conviction pursuant to s 19B(1)(d) of the Crimes Act 1914 upon entering recognizance of $250 to be of good behaviour for 12 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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