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R v Walker [2019] ACTSC 172

sentence — use of carriage service to solicit and distribute child pornography offences contrary to s 474.19(1) of Commonwealth Criminal Code — state offence — guilty plea — s 16A(2)(g) — regardless of whether utilitarian value is to be taken into account, offender accepted responsibility and expressed remorse more or less from the outset — pleas of guilty reinforced that acceptance — with or without reliance on utilitarian value, in circumstances of case sentencing judge would allow discount of 25% for commonwealth charges — objective seriousness — purpose of distribution was to corrupt vulnerable children — it may be readily inferred that harm was substantial — general deterrence — s 16A(2)(ja) — general deterrence usually primary sentencing consideration for offending that involves child pornography — offending is difficult to detect, and poses a great and growing threat to community — protection of community is critical sentencing purpose — high public interest in protecting children from exploitation and corruption — rehabilitation — s 16A(2)(n) — given offenders age, appreciation of wrongdoing and fact that offender was subject of child sexual abuse for which now seeking treatment and may well be related to the offending behaviour, rehabilitation is very important sentencing consideration — sentence imposed 18 months’ imprisonment, to be served by way of intensive correction order
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