Possession of Child Pornography – Community Based Order

The accused was a 26 year old male with no prior Court appearances. He was charged with being in possession of over 5,500 images and over 50 video files depicting child pornography. He made admissions to the possession in his interview with police and the matter proceeded as a plea of guilty to the charge.

We represented the client at the Sunshine Magistrates’ Court for the Possession of child pornography charge.

The Court ordered a psychological assessment and report on the accused which showed that, amongst other things, he was suffering from depression, but that importantly he had some insight into his behaviour and was a good candidate for rehabilitative programs designed to address the offending behaviour.

The Magistrate had to decide between denunciating the behaviour and imposing an immediate jail term, or giving the accused an opportunity to rehabilitate in the community. His Honour chose the latter, convicting the accused and placing him on a 2 year Community Based Order and ordering him to complete 375 hours of unpaid community work over 18 months, as well as being referred to the Sex Offender Program. An order was made placing the accused on the Sex Offender Register for the minimum period of 8 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