Site Logo

R v Maruskanic [2019] ACTSC 337

sentence — using a carriage service to transmit child exploitation material offence contrary to s 474.19(1)(a)(iii) of the Commonwealth Criminal Code and using a carriage service to access child exploitation material contrary to s 474.19(1)(a)(i) of the Commonwealth Criminal Code — additional state offence — nature and circumstances of the offence — s 16A(2)(a) — sentencing judge accepted that offences involving videos are objectively more serious than those involving photographs because of the longer period that the victim was subject to abuse and humiliation — sentencing judge satisfied that Commonwealth offences, whilst still serious, falls towards the lower end and the lower end of mid-range respectively for such offences — at time of offences offender subject to stress and exhibited symptoms consistent with depression, but at a sub-clinical level — moral responsibility for these offences not significantly diminished, but medical evidence does put in context what would otherwise appear to be conduct completely out of character — character — s 16A(2)(m) — rehabilitation — s 16A(2)(n) — specific deterrence — s 16A(2)(j) — evidence of prior good character may not carry as much weight when determining an appropriate sentence for offences of this kind, but that does not mean prior good character to be ignored — evidence of prior good character supports sentencing judge’s understanding of the medical opinion that these offences occurred within particular situational context and are not likely to be repeated — very good prospects for rehabilitation, and that sentences imposed do not need to have significant personal deterrence aspect — general deterrence — s 16A(ja) — general deterrence has been described as predominant sentencing consideration for these types of offences — sentencing judge did not accept argument that immediate term of imprisonment ordinarily warranted for offences involving child exploitation unless exceptional circumstances can be demonstrated — what does arise from authorities is that child pornography offences are always serious offences — court should approach sentencing of child pornography offences in the same way that it approaches sentencing for other serious offences and as prescribed by various statutes governing sentencing as appropriate — it will very frequently  be the case that application of ordinary sentencing principles to the facts in individual child exploitation offences will result in the imposition of an immediate term of imprisonment, but that will not always be the case — guilty plea — s 16A(2)(g) — 25% reduction of sentence to reflect pleas of guilty — sentencing judge accepted that offender’s pleas indicate sincere remorse and a willingness to facilitate the administration of justice — sentence — sentence imposed 20 months’ imprisonment served by way of Intensive Correction 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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions