Possession of Child Pornography, Accessing Child Pornography
If you have been charged with the above offences or any offence relating to sex offences, you should call our office to speak to one of our Melbourne sex offence experts.
Below is a case study involving a sex offence handled by Dribbin & Brown Criminal Lawyers.
Facts: The client was found possessing over 50 000 images of child pornography, the majority of the images were level 1 with 100 of the worst category of images being level 4.
The categories:
- Level 1 – nude posing
- Level 2 – having sex with self
- Level 3 – sex between kids
- Level 4 – penetrative
- Level 5 – bestiality and sadism.
Following extensive submissions in relation to the psychological report that we had obtained, it was clear the client had issues with self esteem and socialization, the client had lived a very lonely life, being isolated with no sexual partner, since 1995.
He had no prior history, had made full admissions and the majority of the images were on the lower end. The client had good prospects for rehabilitation and a solid work history and came from a difficult background where his father had been abusive and violent. It was put on behalf of the client that the above matters lead to a fairly dysfunctional, lonely and isolated life.
His Honour sentenced the client to a recognisance release order, being 2 years released forthwith to be of good behaviour for 3 years and an 18 months community corrections order, with 300 hours of unpaid work, with conditions to complete the sex offenders program and engage in assessment for mental health and treatment.
Given that the charges were commonwealth charges, the equivalent of a suspended gaol sentence was still open to the sentencing Judge. This is not the case for state based charges any longer. The client was very lucky to escape gaol given the Victorian Court of Appeal has been fairly clear that offenders with this many images should serve an immediate gaol sentence.
