Child Pornography Case

Case

Child Pornography Case in the Magistrates’ Court

Quick Facts

Our client was charged with possessing images and videos of child pornography.

Police attended our client’s house and seized a number of computer storage devices. These items were examined and the police found thousands of images and movies depicting child pornography. Our client made full admissions to possessing the exploitative material in his police interview.

Our client was charged with:

• Crimes Act 1958 s70(1):  A person who knowingly possesses child pornography is guilty of an indictable offence.
• Crimes Act 1958 s67A: child pornography means a film, photograph, publication or computer game that describes or depicts a person who is, or appears to be, a minor engaging in sexual activity or depicted in an indecent sexual manner or context.

Maximum Sentencing

Level 6 imprisonment (5 years maximum)

Case Background

Our solicitor conducted negotiations with the Prosecution and it was agreed that alterations would be made to the summary of facts. Our client pleaded guilty to the single charge of knowingly possessing child pornography. A lengthy submission was made on his behalf, during which medical reports and character references were tendered.

Result

This was a favourable outcome because our client avoided any period of immediate imprisonment.  Following being assessed suitable for a Community Correction Order, the Magistrate sentenced our client to a 24 month Community Correction Order with the following conditions:

• Supervision
• Drug and Alcohol treatment
• Mental Health assessment and treatment
• Offending behaviour program

Our client was placed on the Sex Offender Register for 8 years.

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