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R v Payne-Moore [2021] ACTSC 125

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to possess or control child abuse material contrary to s 474.22A(1) of the Commonwealth Criminal Code and 1 count of using a carriage service to access child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code.  

Nature and Circumstances: The content of the child abuse material possessed is graphic, violent and reflects a very high level of depravity and depicts real child victims. There are an estimated 75 to 100 victims depicted in the material. Neither the possession or access offences were for the purpose of sale, further distribution or profit. Offender possessed material over three and a half months.  

Extra-Curial Punishment: It follows from the requirement that such offences attract significant community denunciation and general deterrence that the ordinary opprobrium flowing from detection, charging and conviction cannot warrant mitigation. A reasonable degree of community disgust and denunciation accords with the Court’s primary sentencing purposes and it would be erroneous to offset natural consequence by diminishing the sentence. Retributive assault is the paradigm example of extra-curial punishment. Offender was assaulted by an unknown woman throwing hot wax over the offender in a public bar.  

Offender sentenced to 15 months imprisonment to be released on recognisance after 4 months imprisonment.
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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