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R v Monday (a pseudonym) [2021] ACTSC 99

The offender was sentenced following a plea of guilty to possessing child abuse material contrary to s 474.22A of the Commonwealth Criminal Code.  

Nature and Circumstances: Offence is of very low objective seriousness. Offence involved only two images and related to only one day. It was not an isolated incident. Offender told police that on occasion they had downloaded images of children when searching for other material. Content of images was serious, although images were computer-generated which means that they did not directly involve real victims. Computer-generated material does tend to fuel interest in such subject matter, including subject matter involving real children. Offences involving computer-generated material are far from harmless. Purpose of possession was personal sexual gratification. Offender intended to distribute the images to one other person.  

Mental Condition: At time of offence, offender had major depressive disorder and borderline personality disorder. Offender tends to try to soothe feelings by using sleeping tablets, alcohol and by impulsively accessing pornography. It is clear from the evidence of clinical psychologist that there was a causative link between offender’s mental health conditions and the commission of the offence.  

Offender released immediately on 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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