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R v Ramsay-Feeney [2022] ACTSC 82

The offender was sentenced following a plea of guilty to 1 count of using a carriage service for child abuse material contrary to s 474.22 of the Commonwealth Criminal Code. Offender also sentenced for breach of an Intensive Corrections Order imposed for a previous child exploitation offence.

Nature and Circumstances: Offending is at the lower end of the range of objective seriousness. This appears to be mostly based on the fact that very few of the child abuse images depict actual persons. Consequently there was limited harm to living children. Even the ‘non-live’ images depict scenes which totally contradict any normal description of childhood and offend the moral senses of any reasonable person.

Mental Condition: Offender is suffering from symptoms consistent with several mental disorders, including Intellectual Disability of a mild nature, Paedophilic Disorder, and Schizophrenia. Offender had a history of impairments in attention, hyperactivity and behaviour, dating back to their early childhood. Offender’s apparent reluctance to engage with rehabilitation may have been a product of their mental health state as much as any deliberate reluctance. Offender suffers from an illness of paedophilia which must be addresses, and if properly addressed, could result in rehabilitation.

Cooperation: The police asked for the passcode for the phone which offender voluntarily provided. Offender also told the police that they owned the phone, that nobody else used it and that they knew the material was illegal. The assistance does not justify a further discount.

Intensive Corrections Order: The offending commenced very soon after the offender was released from prison. Clearly the intent of the ICO was not achieved. To take no further action would be to effectively condone the original criminal conduct other than to the extent reflected in the limited time spent in custody by the offender. The original criminal conduct was very serious and would have resulted in a significant term of full-time custody. Offender was re-sentenced to the 9 months imprisonment originally imposed but without the benefit of the ICO.

Offender sentenced to 3 years imprisonment to be released after 4 months on recognizance with conditions.
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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