Possession of Child Pornography and Access Child Porn Using Carriage Service

Hand on a Computer Mouse Browsing for Child PornThis is a case study on charges of Possession of Child Pornography and Access Child Porn Using Carriage Service.

Our client was found to be in possession of a quantity of child exploitation material (or child pornography) on his electronic devices and hard drives. Some of the images and movies included were classified to be in the most serious category. The client was charged with accessing and possessing this material which are contrary to both Commonwealth and state laws.

In addition, the police alleged that the client had taken two videos of young children in his care and that these images/videos formed part of the child exploitation material in his possession. These videos represented a very significant aggravating feature in the case.

The case was heard at the Melbourne County Court and we represented the client on charges of Possession of Child Pornography and Access Child Porn Using Carriage Service.

Through negotiations with the Office of Public Prosecution, significant amendments were made to the facts that were presented to the court. We arranged a formal viewing of the images and from this, we were able to persuade the prosecution that one of the videos did not fall within the classification of child exploitation material.

After further investigation and by applying pressure on the prosecution, we were able to establish not only that the client could not have created the other video (which clearly was child exploitation material), but also that he had no knowledge of its existence. Further negotiations saw the date range of the offending narrowed and a list of child exploitation sites that the client had allegedly visited was deleted from the summary.

As a consequence of the above process, a significant number of potentially aggravating matters were removed from the prosecution summary. This has changed the basis on which the client was ultimately sentenced.

In addition, we assisted the client to obtain appropriate counselling and psychological reports to provide the court, including other supporting material. The combination of these factors played a significant part in the client ultimately avoiding an immediate term of imprisonment for the offending.

Ultimately, the client was sentenced to a fine and a treatment-only Community Correction Order for Possession of Child Pornography and Access Child Porn Using Carriage Service.

Elements of Possession of Child Abuse Material:

  • The accused was in possession of a material.
  • The material was a child abuse material.
  • The accused knowingly possessed the material.

 
Other related case studies:

 


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 29/08/2019