Site Logo

R v Pollard [2023] NSWDC 36

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

Nature and Circumstances: The objective seriousness of the offending in relation to both Counts 1 and 2 is high, as is the moral culpability of the offender in committing these child abuse material offences. Offending in Count 1 fell just below the midrange of objective seriousness for an offence pursuant to s 474.22(1) of the Criminal Code. The 2 young victims were involved in sexual activity which was highly depraved. The offender used a sophisticated method to transmit the child abuse material, using end-to-end encryption and content-expiring messages. One factor for which offending fell below the midrange is that the offence is confined to 2 video files only. The objective seriousness of the offence in Count 2 falls in the high range of objective seriousness for such an offence. 20,850 images and 1,637 video files were in the possession of the offender. According to the samples examined and assessed by police, 35% of the images and 99% of the video files constituted child abuse material. Offender intentionally acquired the child abuse material knowing it was illegal.

Rehabilitation: Offender entered pleas 5 days after the matter was listed for trial in what must have been a recognition of the inevitable outcome of the proceedings. Offender has demonstrated some insight into their offending but little in the way of remorse or contrition. Offender’s prospects for rehabilitation could only be characterised as guarded Offender’s explanation of stress caused by their partner’s illness is an explanation which is somewhat disingenuous and entirely exculpatory. Offender is a medium risk of reoffending generally and at an above average risk of sexual recidivism given their failure to benefit from earlier rehabilitative programs.

Specific Deterrence: Offending demonstrates the offender’s ongoing sexual interest in children notwithstanding, that they have been registered on the Child Protection Register since 2010. Further, offender had breached reporting obligations on 3 previous occasions in 2011, 2020 and 2021. This demonstrates a continuing disregard for the law and offender’s obligations under supervision, and they must understand that if they were to continue to offend in this manner they would be subject to increasingly lengthy terms of imprisonment. Offender’s criminal record disentitles them to any leniency, having been characterised as ‘unenviable’ by counsel.

Offender sentenced to 5 years and 6 months imprisonment with a non-parole period of 3 years and 6 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.

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

Privacy Policy|Terms and Conditions