Upskirting, Possession & Production of Child Abuse Material

This is a case study on charges of Upskirting and Possession & Production of Child Abuse Material.
Our client was charged with observing the genital and anal region of a woman with the aid of a device, more commonly known as ‘upskirting’. The allegation was that the client filmed up the skirts of a woman and school girls on public transport on numerous occasions.

Upon arrival of the police at the client’s address, they found hundreds of photos and videos of a similar nature that our client had captured via phone. As a result, the client was subsequently charged with very serious charges. Some of the photos and videos related to females under the age of 18 and therefore were classified as child abuse material.

The client was a loving family member, a hard worker, and someone who had never been in trouble with the police before. The client would have a lot to lose if imprisonment were to be imposed for the charges – which is what oftens happens for charges of this nature.

We represented the client at the Sunshine Magistrates Court for a plea of guilty. The exact charges were:

Thorough research was undertaken with respect to ensuring that the appropriate charges were laid against the client. Once this issue was rectified, our client entered a plea. We represented the client during the plea and arranged for a psychological report to be obtained in mitigation.

Very lengthy written submissions were also completed on behalf of the client. Both of these documents were handed up during the plea.

Ultimately, the combination of the psychological material and written submissions enabled our client to avoid jail and be placed onto a Community Corrections Order. This in and of itself would have been an excellent result for charges of Upskirting and Possession & Production of Child Abuse Material. However it did not stop there. our lawyer’s advocacy skills enabled our client to avoid having to do unpaid community work but, most importantly, we were able to persuade a magistrate to not impose a conviction on the client – which is something that is almost unheard of in charges of this nature.

Elements of Upskirting:

  • The accused visually captures another person’s genital or anal region.
  • The accused does so intentionally.
  • The accused does so in circumstances in which a reasonable person in the position of the other person would expect that his or her genital or anal region could not be visually captured.

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 09/09/2019