Making Child Pornography
Charges
Making child pornography x 2; Stalking x 2; Install, Use or Maintain an Optical Surveillance Device to Record Visually or Observe a Private Activity to Which the Person is Not a Party, Without the Consent of Each Party to the Activity x 2. Dandenong Magistrates Court.
Facts
Our client had concealed an iPad in the bedroom of a minor, with the intention of recording her after she had finished in the shower. The victim noticed the iPad, deleted the images and was extremely stressed and upset.
The client confessed to having committed the act and voluntarily approached the police, where he made full admissions and further admitted to an earlier similar incident, of which no one else was aware.
Results
We attended court and conducted a Summary Case Conference, when the charges were resolved to the following: A plea of guilty to one charge of making child pornography, one of stalking and one of maintaining an optical surveillance, ie, section 68(1) of the Crimes Act, section 21A(1) of the Crimes Act and section 7(1) of the Surveillance Devices Act.
We assisted the client in obtaining comprehensive plea material, including a Forensic Psychologist’s report, a Clinical Psychologist’s report and a number of personal references. Despite this, the Magistrate wanted to imprison the client. Following submissions and with the assistance of the reports His Honour was persuaded to give the client one opportunity to remain in the community.
The client received a 12 month Community Corrections Order with a condition relating to the Sex Offender Program. He received no work hours attached to the order. He was also placed on the Sex Offenders Register for 8 years (the minimum period). It was a great outcome given the serious nature of the charges.
