Possess Child Pornography Plea of Guilt in the County Court

The client was an intellectually disabled man in his early 50s, who has been diagnosed with Asperger Syndrome and as a result of his condition had downloaded a vast amount (thousands of images and videos) of child pornography. He was identified and arrested by Australian Federal Police and was charged with Use carriage service to access child pornography.

We represented the client at the Melbourne County Court.

Despite the submission by the Director of Public Prosecutions that the client should receive an immediate gaol term, the Judge was persuaded that, given the degree of the client’s intellectual and psychological difficulties, a community based order (CBO) with treatment within the community was appropriate. The treating psychologist gave evidence in Court. The client was ultimately placed on a 2 year CBO, with conviction.

 


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013