Possess Child Pornography & Use Telecommunications Service to Transmit It
Our client was found in possession of approximately 60 images and 10 movies containing child pornography, which ranged in the seriousness of their content, including one movie of the most severe kind. He was also found to have transmitted 3 images and 1 movie to another person via email.
He was caught after having had a distasteful conversation about child sex matters with another internet user, who turned out to be an undercover policeman.
He was then charged with:
- Possess child pornography
- Use telecommunications service to transmit child pornography
We represented the client at the Heidelberg Magistrates’ Court.
Despite recent Court of Appeal authorities on these types of cases, the Magistrate was persuaded not to impose an immediate jail sentence because of the psychiatric assessment we organised for our client, and also because of submissions made as to the limited period of offending, the number and the content of images/movies in the client’s possession.
Instead the client was sentenced to a 9 month term of imprisonment, suspended for 2 years. He also received a Community Based Order (CBO) for 2 years with conditions that he perform 100 hours community work and participate in a sex offender program.
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