Charges: Possess Child Pornography, Use Carriage Service to Access.
If you have been charged with sex offences such as possession of child pornography then you should seek advice from one of our sex offence lawyers in Melbourne.
Below is a case study handled by Dribbin & Brown Criminal Lawyers relating to the possession of child pornography, if you have been charged with similar offences, you should call our office today. Please be aware this charge has since been updated as of 1 July 2017 and is now described in the charge as possessing child abuse material, the charge is very similar.
Facts
Victoria Police executed a search warrant in relation to the client’s address and seized his computers, iPhone and iPad. A considerable quantity of child pornography was found on the devices. The police summary read “…There were 10 600 images located, we estimate this is only 10% of the material on the devices”.
Results
We attended a case conference and indicated that the client was prepared to plead guilty to the offence but requested the above line be removed as it was a matter being lead that could not be satisfied unless the computer was completely analysed. The police officer case conferencing that day indicated that he would not remove the line.
This was a problem that had to be dealt with delicately. Following discussions with the client, it was clear we did not want to force the hand of the police and have the entire device analysed. But we could also not allow the prosecution to ask the Magistrate to sentence on matters that had not been proven beyond reasonable doubt.
An agreement was reached whereby we would submit that the Magistrate could only sentence on the basis of 10 000 images. We also made it clear to the prosecutor we had concerns that the Magistrate may order the balance of the computer to be checked. We noted this so that if that possibility was raised and the matter had to be adjourned we would be entitled to costs.
Fortunately the client had attended our office very quickly after being charged, so we had time to arrange for him to seek specialist treatment for a number of months. Prior to Court we arranged for a number of reports to be prepared and, following careful preparation in relation to the plea of guilty, the Magistrate imposed a two-year Community Corrections Order.
In nearly all other circumstances a defendant would serve some term of imprisonment for the possession of this quantity of images. A combination of thorough preparation, the seriousness of the images being on the lower end of the scale and a Magistrate prepared to listen resulted in this unusually positive outcome.
