Our client had a child abuse material charge dismissed following a successful appeal to the County Court of Victoria.
Offence(s)
- Knowingly possess child abuse material
Relevant Legislation
- s 51G(1) Crimes Act 1958. Penalty: Level 5 (5 years maximum imprisonment)
Summary of the facts
Police executed a search warrant at our client’s premises on 11 August 2021. As a result of which they seized materials including a hard drive that contained nearly 1,000 images of child abuse material.
Summary of the outcome
Our client pleaded not guilty and the matter proceeded to a Contested Hearing in the Magistrates’ Court. The Magistrate found our client guilty. An appeal was lodged for the matter to be freshly contested in the County Court.
The County Court was satisfied that the police had not proven beyond reasonable doubt that our client knew the child abuse material was on the hard drive. Accordingly, the County Court allowed the appeal, set aside the finding of guilt in the Magistrates’ Court, and in its place dismissed the charge.
Importantly, this also resulted in our client no longer being subject to onerous sex offender reporting obligations.
Victoria Police were ordered to pay our client’s costs of both the Magistrates’ and County Court hearings.
Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquiries relating to the above subject matter, please contact us for an obligation free, face to face consultation.
