Possess Child Pornography Produce Child Pornography

The accused is a 61 year old who was found in possession of 1,500-plus images and videos depicting child pornography. He had burned a number of those images to CD (produce child pornography). He had no prior Court appearances or convictions. He was a single man who cared for his frail 87-year-old mother.

He pleaded guilty to both charges in the Magistrates Court and a psychological report was tendered stating that he would benefit from counselling as he suffered from significant depression. The Magistrate imposed a sentence of 12 months on each charge, with both sentences to be run concurrently, and ordered that the accused serve 6 months’ imprisonment, with the remaining 6 months to be suspended for a period of 2 years.

The accused appealed the sentence and we acted on his behalf at the Melbourne County Court.

In the County Court, the same psychological report was tendered and submissions were made that the accused would benefit from staying in the community and undertaking the Sex Offender Program that is offered by Community Corrections.

The Judge agreed that rehabilitation was important, but that there should be a period of immediate imprisonment imposed, to reflect the seriousness of the offending. He allowed the appeal and on the charge of production of child pornography imposed a sentence of 3 months’ imprisonment. On the charge of possession of child pornography he imposed a 2 year Community Based Order (CBO) which requires the accused to undertake the Sex Offender Program. The accused was placed on the Sex Offender Register for the mandatory minimum period of 15 years.

 


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