CDirector of Public Prosecutions v Abbouchi

[2025] VCC 855

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISDICTION

Revised

Not Restricted

Suitable for Publication

CR-25-00050

DIRECTOR OF PUBLIC PROSECUTIONS (CTH)

v

ADAM ABBOUCHI

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	5 June 2025
DATE OF SENTENCE:	20 June 2025
CASE MAY BE CITED AS:	CDPP v Abbouchi
MEDIUM NEUTRAL CITATION:	[2025] VCC 855

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW

Catchwords:             Charge of possess child abuse material

Legislation Cited:     Sex Offenders Registration Act 2004

Cases Cited:            R v Verdins (2007) 16 VR 269

Sentence:                 Sentenced to a 18 month community correction order, with community work, supervision and undertake programs to reduce offending.

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APPEARANCES:	Counsel	Solicitors
For the Commonwealth Director of Public Prosecutions	Ms H. Lomas	CDPP
For the Accused	Mr L. Cameron	Angus Cameron Partners

HER HONOUR:

1Adam Abbouchi you have pleaded guilty to one charge of possessing child abuse material (CAM) contrary to the Commonwealth Crimes Act (the Act).  The maximum penalty for this offence is 15 years.

2I was provided with detailed written submissions from both parties and have taken that material into account.  In sentencing for Commonwealth matters, the court is required by s16A(1) of the Act to impose a sentence or make an order that is of a severity appropriate in all the circumstances of the offending.  The court is to have regard to the non-exhaustive matters listed in s16A(2) of the Act.

3The circumstances of your offending are comprehensively set out in the summary of prosecution opening dated 2 May 2025, Exhibit A.  At the time of the offending, you were aged 18 years and attending school.  On 22 August 2024, police executed a search warrant at your home and seized an Apple iPhone. Your iPhone was examined by police.  A download of your Mega.nz account was conducted, and analysis revealed the presence of CAM files.

4There were a total of 890 images and/or video CAM files, with 468 images and 422 videos (see paragraph 8 Exhibit A).  A description of a sample of picture and video files is contained in paragraph 9 of Exhibit A and included: Video footage of a young naked male masturbating, a young naked male in the shower and inserting a bottle into in his anus, boys engaging in mutual masturbation; and pictures of boys exposing their penis or engaging in sexual activity with other children.

5You participated in a record of interview and made admissions.  You indicated:

(a)That you received links containing CAM via Snapchat in 2024, from persons who you did not know;

(b)That the CAM included children as young as 13 engaging in different sexual activity;

(c)And you admitted that you knew that the Mega account had CAM files on it; and that whilst you were initially disgusted with it, given the volume of it you began thinking of it as normal, and that everyone had it.

6You indicated that you did not attempt to find out if you could delete the file, as it was an app that you barely used.

7I turn then to your personal history.  In addition to written submissions I was provided with the following material:

i)Report from Rebecca Fakhri psychologist dated 23 May 2025;

ii)A bundle of character references from your family members;

iii)And a letter from Amy-Lee Lamotte, senior child protection practitioner dated 12 September 2024.

8You were born in Lebanon in 2005 to a supportive, hard-working Muslim family.  You have three siblings: an older brother, and a younger sister and brother.  Your family migrated to Australia when you were aged eight, then returned to Lebanon briefly before permanently returning to Australia when you were aged 10. 

9You experienced challenges with cultural transition to this country, including issues with separation from extended family in Lebanon, as well as difficulties learning English, bullying, and having a limited social circle. 

10Since these current matters were discovered, your family has remained supportive of you as indicated in the material provided to me.  Your parents and an uncle attended Court with you.

11You completed year 12 (VCAL) and are currently studying a Cert II in
Interior Design at TAFE.  You are a full-time student and have never been employed.

12You have not as yet been involved in any relationship of any significance.  You have never experienced alcohol or drug issues.  You are in good physical health and have no formal history of mental health diagnoses or related treatment.

13Given your age and upbringing none of these personal attributes are unusual or surprising. 

14As noted at the time of the offending you were aged 18 and a student at school.  You are currently 19.  You are a youthful offender as that term is defined under the Sentencing Act.  I accept and apply the relevant principles regarding sentencing young offenders in your case particularly as to the reduction of general deterrence and the increased importance of or an emphasis on your rehabilitation prospects.

15As to your prior good character you have no criminal convictions.  This is particularly relevant given your young age.  Such may be of less relevance or of less value to an older offender who commits offences of a similar nature or that relating to CAM.

16As to your mental health Ms Fakhri opined that your offending 'seems less driven by deviant sexual interest and more by a complex interplay of cognitive, emotional, and environmental vulnerabilities'.   That on her assessment you presented with a number of symptoms including:

(a)a recent history of suicidal ideation and related concerns for your psychological stability,

(b)Adjustment Disorder, with depressed mood, and related:

i)severe depressive symptoms which meet the criteria for major depressive disorder; and

ii)severe anxiety and social anxiety symptoms;

(c)likely alexithymia, which impacts on your ability to identify, articulate and regulate your emotions; and

(d)possible attention deficit hyperactivity disorder (ADHD), that required further clinical assessment.

17Her diagnosis related to your current presentation and is likely to be reactive to your circumstances, including you being charged with these offences and the consequences that followed, namely your arrest and subsequent displacement from the home environment.

18It was submitted on your behalf that limbs 5 and 6 of Verdins were enlivened.  That you would be particularly vulnerable in custody, and imprisonment would be likely to weigh more heavily on you than it would on a person in normal health.  This was so, particularly given Ms Fakhri's opinion that 'your symptoms of low mood, distress, and social isolation, suggested you were psychologically vulnerable, even in the absence of formal psychiatric illness'; and that there was a serious risk of imprisonment having a significant adverse impact on your mental health.

19The prosecution submitted that Ms Fakhri's findings were somewhat speculative and not entirely conclusive.  Although it was accepted there was an evidentiary basis for some application of limbs 5 and 6 of Verdins, that it was limited and should be accorded lesser weight within the sentencing exercise.

20As noted by Ms Fakhri, a sentence of imprisonment would be 'likely' to have a negative effect on your development because of the 'loss of positive social structures and educational and vocational access' in addition to her diagnosis of various psychological conditions.  She further opined that 'given your emotional reliance on your family, limited psychological insight, and early stage of rehabilitation, prison may be more burdensome for you'.

21I accept and take into account that your current level of functioning is likely to make prison more burdensome for you and your condition is likely to deteriorate in custody.

22From the very outset of police involvement you made frank admissions and assisted police with their investigation, including by providing access or the passwords to your devices.  You were co-operative with police.

23I take into account your plea of guilty.  It was offered at the earliest opportunity and your plea has saved the cost to the community of a trial and has a significant utilitarian value.

24I accept your plea is indicative of remorse.  This is consistent with the material provided to the court from both your friend and family members, as well as psychologist, Ms Fakhri.

25As outlined in her report whilst you have expressed shame and regret in relation to the offending, you have also demonstrated some cognitive distortions and partial minimisation of your behaviour.  That is normalising access to CAM and your understanding of the seriousness of the offending is underdeveloped.

26You have accepted responsibility for your conduct.  You have also demonstrated emerging insight into your conduct, despite not having a fully developed understanding of the consequences and seriousness of CAM and some minimisation of your behaviour in terms of believing access to such material was widespread, see Question 456 in the record of interview.

27The relevant principles in sentencing for CAM cases are well established.  See the prosecution submissions, paragraphs 11 to 12 and defence submissions paragraphs 12 to 13.

28Relevant to your offending each of the 890 files were unique and categorised as Category 1 and 2.  Over half of the material depicted pre-pubescent children under the age of 13 with 448 of the files classified as Category 1, the most serious.

29The quantity of CAM was relatively significant.  That is 890 files.  Although not a determinative factor, that remains relevant.  The amount could not be said to be either in the upper or lower range in cases of this kind.

30The material was depraved and included real children being anally penetrated by objects and masturbating one another.

31I do however note there is no evidence that the material was sought out, possessed or controlled for the purpose of sale or further distribution by you, or that you profited or benefitted from it.  It is a single date offence.  Further, there is no evidence of any planning, organisation or sophistication to the possession or control of CAM such as it being categorised or sorted.

32General deterrence is the primary sentencing consideration for offending involving online exploitation of children, given the obvious vulnerability of children online, and the need to protect them from sexual abuse.  This is particularly so with the advent of the internet as a means of allowing predators to use the internet anonymously.  Further the ease of use and access to internet based transmission and the prolific and worldwide nature of such offending in respect of CAM is relevant.  There is clearly a public interest in intervening in, or ceasing the transmission and use of CAM, as a means to protect children and sending a message to the community that any conduct in respect of CAM will not be tolerated. 

33The prosecution conceded general deterrence should be moderated given your age.

34No doubt possession of CAM is not a victimless crime.  Children are sexually abused in order to supply the relevant market.  Significant lifelong harm is caused to children who are sexually abused, and their victimisation is continued by the distribution of material depicting their abuse on the internet for an indefinite period.

35Your counsel highlighted the deterrent impact that these charges have already had on you, particularly given the circumstances of police attending your home in the early morning and speaking to you in the presence of your parents regarding these matters.  Also relevant was your exclusion from staying at your home as part of your bail conditions, whilst Child Protection investigated the safety concerns, if any, posed by you to your siblings.  As a consequence you were required to sleep at your father's factory for about a week until
Child Protection approved your return.

36Your counsel submitted that you had excellent rehabilitation prospects and relied on the following:

(a)your youth or you being a young offender;

(b)no prior, subsequent or pending criminal matters nor history of breaching any court orders and that you have complied with strict bail conditions since you have been charged;

(c)your family support;

(d)your engagement in education;

(e)your plea of guilty and remorse;

(f)your willingness to access and engage with psychological support and the professional opinion that you are amenable to treatment;

(g)no evidence of any other form of entrenched sexual deviance or other antisocial proclivities.  Reliance was placed on Ms Fakhri's opinion that you have emerging insight and have expressed emotional distress, guilt and embarrassment about this offence.

(h)Further Ms Fakhri's opinion that you represent a low risk of future sexual offending and that a low level of intervention is required to mitigate your risk of reoffending.

37The prosecution did not dispute that you had good rehabilitation prospects, conceding your age enhanced your responsiveness to rehabilitative efforts and recognising that you had shown a willingness to access psychological support in the school and TAFE setting.

38Specific deterrence has little relevance in the sentencing exercise given your good rehabilitation prospects, age and lack of prior history.

39I was provided with a table of comparative cases particularly where the exceptional circumstances test was relevant.  I have considered those cases.  They provide guidance as to sentencing principles applicable for CAM offences, though each case depends on its own circumstances, and those of the individual before the court.  Comparable sentences may be used as yardsticks that might serve to illustrate, but do not define, the possible range of available sentences.

40The prosecution submitted that having regard to all relevant matters and the gravity of the offending conduct, that a sentence of imprisonment was the only appropriate disposition, but conceded it was open for the court to be satisfied of exceptional circumstances and thus you were eligible to enter a recognisance release order with conditions, without requiring you to serve any actual time.

41The legislation requires exceptional circumstances to be established if I propose to sentence you to a term of imprisonment though release you immediately on entering the relevant undertaking.  I accept the prosecution submissions and authority regarding the meaning of exceptional circumstances.

42Your counsel submitted all sentencing purposes could be met with the imposition of a community correction order, which would allow you to remain in the community and to continue to receive the treatment that you are currently undergoing to address your offending behaviour.  I had you assessed as to your suitability for such an order.

43Alternatively, it was submitted that if I was minded to impose a term of imprisonment, by virtue of a combination of factors, exceptional circumstances had been established, and that you should enter a recognisance release order to be released immediately, with a condition you continue treatment.  The matters relied upon to establish exceptional circumstances are set out in paragraph 55 of the defence submissions.

44Vulnerable children need to be protected against those who possess such material particularly given the permanent nature of it, the depravity and gravity of the conduct towards them which it depicts and the availability of it through electronic means.  Their images remain a permanent record.

45I have considered the circumstances of your offending, coupled with matters personal to you including your young age, level of maturity and plea of guilty.

46I am also mindful of the Court of Appeal decision in Boulton and the nature of a community correction order as a sentencing option.

47If you could please stand, Mr Abbouchi.

48Having received a favourable report from Corrections I propose to place you on a community correction order for a period of 18 months and that period of time will enable you to undertake the relevant program that is required.  You will be required to do 25 hours community work and other conditions as recommended which is supervision.  So the two conditions are program to reduce your offending and supervision.

49If you commit another offence in the 18 months from now or alternatively breach any of the conditions of the order the matter may come back before me and I will be required to re-sentence you in relation to these matters.

50Pursuant to the Sex Offenders Registration Act the charge is a Class 2 offence within the meaning of the Act.  Upon my sentence you will become a registrable offender and required to comply with reporting conditions under the SORA legislation for a period of eight years.

51Pursuant to s6AAA of the Sentencing Act if you had not pleaded guilty to this matter I would have imposed a term of imprisonment with a recognisance release order for you to be released immediately.

52Now my associate has the SORA order and the community correction order that she will now ask you to sign, Mr Abbouchi.  You can sit down.  Thank you.

53ASSOCIATE:  Is this your signature?

54OFFENDER:  Yes. 

55ASSOCIATE:  That's been completed, Your Honour.

56HER HONOUR:  Thank you.  Is there anything else?

57MS LOMAS:  No.  No, Your Honour.

58HER HONOUR:  Thank you.

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