The offender was sentenced following pleas of guilty to 1 count of possessing or controlling child abuse material obtained or accessed using a carriage service contrary to s 474.22A(1) of the Commonwealth Criminal Code, 1 count of transmitting child abuse material using a carriage service contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of making available child abuse material using a carriage service contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of soliciting child abuse material using a carriage service contrary to s 474.22(1) of the Commonwealth Criminal Code, and 1 count of causing child abuse material to be transmitted using a carriage service contrary to s 474.22(1) of the Commonwealth Criminal Code. Offender also sentenced for state child exploitation offences.
Nature and Circumstances: Offender possessed a total of 6,328 video files and 66,236 picture files. Actual children were used in the creation of most of the material. The nature of the material involved substantial cruelty inevitably causing mental harm upon vulnerable children. The volume and nature of the material, and also the transferring of the material from the hard drive to the devices, indicates the very serious objective nature of the offending. The nature of the material transmitted or caused to be transmitted indicated that the offending was serious. Offender made material available to 6 others and solicited material from 7 others over a period of about 7 months. The graphic content of the material exhibited a high degree of depravity. Both were very serious.
Rehabilitation: Offender’s statements of remorse were consistent with the opinions of trained health professionals and the character referees offender relied on. Offender is remorseful and contrite. In taking into account the nature of the offending, offender’s awareness of wrongdoing and the continuing concern expressed about impulsivity, offender’s prospects of rehabilitation are no more than reasonable.
Mental Condition: Psychiatrist opined that offender’s use of alcohol was consistent with a substance use disorder. Psychiatrist opined that offender’s sexual fantasy, difficulty to control urges and behaviours consistent with attraction to underage females in states of nudity, was consistent with a diagnosis of paraphilic disorder with features of paedophilia and voyeurism. A difficulty with offender’s submission invoking the De La Rosa principles is that it runs counter to psychiatrist’s view that offender was not deprived of the knowledge of the illegality of their actions or the ability to control their actions. General deterrence therefore remains a very significant factor.
Hardship: Whilst in custody, offender has been placed in a shared cell in the protection wing. Offender was impeded in accessing the library and oval. Offender is working in a cabinet shop and receives visits from their partner on a fortnightly basis. Offender has not had any contact with their children since their arrest. Offender has endured and is likely to continue to endure hardship greater than the general inmates under full-time incarceration.
Offender sentenced to 6 years and 6 months imprisonment with a non-parole period of 3 years and 7 months for federal offences.
