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Child Pornography Offences

Potts Lawyers > Our Results  > Sex Offences > Child Pornography Offences

Offences:

  1. Possessing child exploitation material; and
  2. Using a carriage service to access child pornography material

Court:  District Court

Maximum Penalty: 15 years imprisonment for possessing child exploitation and 14 years imprisonment for using a carriage service to access child pornography

Solicitors: Bill Potts and Sinead Garland

Date: August 2018

The police conducted a search through a warrant at our client’s residence and seized two laptops that contained child exploitation material. Our client voluntarily admitted to police that he owned both laptops and that he downloaded the child exploitation material to the laptops using the internet.

Our client was found in possession of 2,945 child exploitation images and 17 child exploitation movies.

Following his arrest, our client took proactive steps towards rehabilitation and engaged in extensive therapy sessions with two psychologists. Throughout the court process our client continued with his rehabilitation, even though, at times it was difficult given that he was a fly-in fly-out worker.

At the sentence hearing, our Bill Potts tendered two psychologist’s reports to assist the court in determining the appropriate sentence. Both of the psychologists indicated that our client’s risk of reoffending was “low and non-imminent” and that the risk of reoffending could be successfully managed through ongoing treatment.

Bill Potts, instructed by Sinead Garland made both oral and written submissions to the court which highlighted our client’s lack of criminal history, his cooperation with the administration of justice, his strong efforts towards rehabilitation and his commitment to undergo further counselling.

Despite the serious nature of the offences, the court accepted Bill Potts’ submissions and sentenced our client to:

Possessing child exploitation material – 18 months imprisonment wholly suspended for an operational period of 3 years. A conviction was recorded; and

Using a carriage service to assess child pornography – 18 months imprisonment to be released immediately upon giving a security by way of a recognisance in the sum of $1,000.00 and our client is to be of good behaviour for 3 years.

Our client was placed on the Child Protection Offender Register for a period of 5 years on the basis that he pleaded guilty to offences committed against a child.

WARNING:

This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.

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