CDirector of Public Prosecutions v Alexander
[2025] VCC 786
•6 FEBRUARY 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-25-00164
| DIRECTOR OF PUBLIC PROSECUTIONS (CTH) |
| v |
| MARK STANLEY ALEXANDER |
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JUDGE: | HER HONOUR JUDGE HARPER | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 27 May 2025 | |
DATE OF SENTENCE: | 12 June 2025 | |
CASE MAY BE CITED AS: | CDPP v Alexander | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 786 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Usie a carriage service to transmit, solicit, cause to be transmitted, distribute and access child abuse material, possess child abuse material
Legislation Cited: Criminal Code (Cth), Crimes Act 1914 (Cth), Sex Offenders Registration Act 2004, Sentencing Act 1991 (Vic)
Cases Cited:R v Stiller [2023] QCA 51, Glasheen v R [2022] NSWCCA 191, R v Ferns [2024] QCA 262
Sentence: TES: 13 years imprisonment NPP: 8 years 6 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms N. Simpson | Commonwealth DPP |
| For the Accused | Mr S. Kelly | Stary Norten Halphen |
HER HONOUR:
1Mark Alexander, you have pleaded guilty before me to one charge each of use a carriage service to transmit child abuse material, contrary to s474.22(1) of the Criminal Code (Cth), use a carriage service to solicit child abuse material, contrary to subsection 474.22(1) of the Criminal Code (Cth), use a carriage service to cause child abuse material to be transmitted to yourself, contrary to subsection 474.22(1) of the Criminal Code (Cth), use a carriage service to distribute child abuse material contrary to subsection 474.22(1) of the Criminal Code (Cth), use a carriage service to access child abuse material, contrary to subsection 474.22(1) of the Criminal Code (Cth) and possess or control child abuse material obtained or accessed using a carriage service contrary to subsection 474.22A(1) of the Criminal Code (Cth).
2The maximum penalty for each offence is 15 years' imprisonment.
3I note that Charges 1-3 are rolled-up charges.
4You have also admitted, in relation to Charges 1-3, that the offences of use carriage service to solicit child pornography contrary to s474.19(1) of the Criminal Code (Cth), use a carriage service to cause child pornography to be transmitted to yourself, contrary to subsection 474.19(1) of the Criminal Code (Cth) and use a carriage service to transmit child abuse material, contrary to subsection 474.22(1) of the Criminal Code (Cth) can be taken into account in accordance with s16BA of the Crimes Act 1914 (Cth).
5As the offences you have committed are second/subsequent offences pursuant to s16AAB, a mandatory minimum period applies in relation to the head sentence to be imposed in respect of each charge. That mandatory minimum sentence is four years for each charge on the indictment. I will return to this in due course.
Circumstances of offending
6The circumstances of your offending were comprehensively outlined in the Amended Summary of Prosecution Opening for Plea dated 26 May 2025. I shall summarise that document here.
7On 24 January 2024 an undercover online operative from the Joint Anti Child Exploitation Team began a conversation with you on Snapchat. The operative purported to be a 14-year-old girl named Indiana living in a suburb of Melbourne.
8On 5 February 2025 Detective Senior Constable Brett Parnall from Victoria Police received information that you had been conversing with another child on social medial platform Discord.
9On 14 March 2024 police executed a search warrant at your home address. They seized two electronic devices for which you provided the PIN codes. A preliminary review of the devices revealed images and videos identified as child abuse material (CAM). A number of conversations were also located in which you transmitted, solicited, received, distributed and accessed child abuse material.
Charge 1 – use carriage service to transmit child abuse material
Section 16BA schedule, item 1, use carriage service to solicit child pornography
Charge 2 – use carriage service to solicit child abuse material
Section 16BA Schedule, item 3, use carriage service to transmit child abuse material
10Between 9 August 2020 and 29 January 2024 you engaged in online communications with five separate users on social media platforms.
11Charge 1 encompasses the conversations you had with three users during those dates, namely Jeff_hex, ladude25 and Kiss (summarised under Charge 3) in which you transmitted child abuse material. Your conduct in transmitting child abuse material to one of these users, Jeff_hex, on 9 June 2020, before the charge date, is to be taken into account under s16BA.
12Charge 2 encompasses conversations with four users between 14 August 2020 and 3 January 2024, namely kimsdancebox, ladude25, Magic and Indiana. Your conduct in soliciting child pornography from one of these users, Kim, on 3 May 2019, before the charge date, is to be taken into account under s16BA.
Conversations with kimsdancebox
13Between 26 December 2018 and 30 December 2023 you spoke with kimsdancebox (Kim) on Skype. You solicited child abuse material and child pornography from Kim on 9 January 2019, asking if they had had 'older guys b4' to which Kim said they had been with a 62-year-old neighbour. You asked to see 'pics' and made vile comments about wanting to see them covered in ejaculate.
14On 3 May 2019 you asked Kim's age and were told 13. Conversation returned to Kim and the neighbour and again you asked for pictures in similar vulgar terms.
15On 24 August 2020 you again asked if Kim had been with anyone older lately. Kim said they had been with their neighbour and you discussed what they would do together by way of text-based child abuse material. You confirmed Kim was now 14 and again asked for pictures, stating that you loved little boys in various degrading positions.
Conversation with jeff_hex
16Between 28 January 2020 and 28 January 2022 you spoke with jeff_hex (Jeff) on Skype and transmitted text-based child abuse material to him.
17On 28 January 2020, Jeff said 'I wanna see bois with stiffies'. You agreed and discussed that Jeff was alone and that his 10-year-old brother was in his bedroom.
18On 9 June 2020 you again discussed boys with Jeff. He asked if you had any images and you shared two files, not categorised as child abuse material. When Jeff asked for pictures of their penises you said, 'no srry they don't want me taking pics of their cocks'. You went on to say what it was you did to them, including inflicting pain on them during penetration.
19On 9 August 2020 you again described to Jeff what you purported to have done with children, including urinating and ejaculating on them.
Conversation with ladude25
20Between 8 February 2020 and 30 December 2023, you spoke with ladude25 (Dude) on Skype.
21On 13 August 2020 you discussed with Dude whether he had seen or had any cute boys lately.
22On 14 August 2020 you asked Dude if he had any new links. He did not and you said 'ok I wish cp [an inference that means child porn] was easier to find' and specified eight to 14 year old boys. You again asked for 'any vids on telegram with boys being fucked lol (sic)'. Dude gave you his Telegram username.
23On 29 August 2020 you provided text-based child abuse material to Dude, discussing the oral and anal rape of eight-year-old virgin male twins.
24On 14 December 2020 you then described in detail what you said was 'perving' on some sexy young boys at a street party.
Conversation with Magic
25Between 31 December 2023 and 13 March 2024 you spoke with Magic on Session.
26On 31 December 2023 you sent Magic an image of your penis. Magic told you their 11-year-old sister was there. You discussed the sister being abused by her uncle from the age of eight. You exchanged several messages about wanting to see the sister and Magic sent an image of a child in a bikini which was not child abuse material.
27On 3 January 2024 you had a further conversation with Magic in which you expressed in very explicit terms a desire to have intercourse with the sister.
Conversation with Indiana (Undercover operative)
28Between 29 February 2024 and 14 March 2024 you spoke with Indiana, the undercover operative, on Snapchat messenger. Indiana told you she was 14. You said you were 36.
29On 2 March 2024 you asked for photos of Indiana in her school uniform. She replied she was wearing shorts and you asked for photos of her in her underwear so you could masturbate to them.
30Indiana ultimately sent you an image of a woman's torso in bikini bottoms. You asked for one of the 'top half'.
Charge 3 – use carriage service to cause child abuse material to be transmitted to yourself
Section 16BA schedule, item 2, use carriage service to cause child pornography to be transmitted to yourself
31Between 2 February 2020 and 1 March 2024 you engaged in online communications with eight separate users during which you caused child abuse material to be transmitted to yourself.
32Your conduct between 17 June 2018 and 5 June 2019, where you caused child pornography to be transmitted to yourself by three users is to be taken into account under s16BA.
Conversations with Olssons323
33Between 17 June 2018 and 30 December 2023 you spoke with Olssons 323 (Olssons) on Skype. On 17 and 18 June 2018 you had conversations which caused Olssons to transmit child pornography to you.
34On 17 June 2018 Olssons asked if 'u want sweedish boys?' You replied 'idm as llong as they yung and cute and suckin or getting fucked (sic)'. In reply Olssons sent a file of child abuse material.
35You and Olssons then discussed his nephew and how you would like to watch him abusing the child.
36In a further conversation you discussed Olsson's nieces aged nine and 12 and the inappropriate touching of them.
Conversation with usaguy0u812
37Between 22 December 2018 and 15 February 2021 you spoke with usaguy0u812 (usaguy) on Skype. You asked him questions with the intention of causing him to transmit text-based messages to you. This is relevant to item 2 of the s16BA schedule and Charge 3.
38You discussed whether you had 'ever had yung (sic)'. You queried him on who he was and how old. He told you about a 14-year-old boy in his neighbourhood.
39On 22 December 2018 you asked usaguy about his two male children, aged 12 and 16. You asked whether he does anything with them and he told you about how they have caught him masturbating and how he observes his children naked with erections.
Conversations with Quickplay007
40Between 18 January 2019 and 30 December 2023 you spoke with Quickplay007 (Quick) on Skype. This conduct is relevant to item 2 of the 16BA schedule.
41On 18 January 2019 you asked Quick 'have any cute ones scheduled tomorrow'. Quick advised that they were 11 and 13 years old. You indicated you wished you could watch.
42On 5 June 2019 you had another discussion with Quick about the boys and indicated that you wanted to see these boys. Quick sent two unknown files accompanied by the text 'smooth penis'. Quick asked you for pictures but you said you only had images of their faces.
43Later that day you asked for more images and Quick sent you a file named 'facial!' which you discussed with him in lurid detail.
44Quick then sent another unknown image and indicated 'he is ready for us'. You discussed what you each wanted to do to the child, including anal and oral sex.
Conversations with Kiss
45Between 29 January 2023 and 26 February 2024 you spoke with a user called Kiss on Session.
46You asked questions and made comments intended to cause Kiss to transmit files and text-based child abuse material to you. You also sent child abuse material to Kiss.
47On 29 December 2023 you asked Kiss about a 10-year-old child and whether someone else had 'finished using him'. Kiss indicated the child was 'crying a bit still', to which you responded 'Nice'.
48You discussed the contents of videos Kiss was watching. On 1 January 2024 you continued to discuss the 10-year-old and three other children. After some discussion you stated, 'Pity u not allowed to share pics with me if then (sic)'.
49You later discussed whether the children cried for their mothers and stated 'Try and see if they'll let me watch some vids of what happened at te party plz. Can't hurt to try one more time (sic)'.
50On 2 January 2024 you again asked about the 10-year-old child and discussed what Kiss was watching on video. On 5 January you had a similar conversation about the contents of a video Kiss was watching with the 10-year-old.
51On 17 January 2024 you and Kiss discussed a lot of people being used in the rooms, both boys and girls and what was happening to them. You again asked about the 10-year-old boy and then about the youngest girl present the other day before discussing what was happening to them.
52On 29 January 2024 you sent Kiss 44 items of child abuse material. When Kiss said he did not receive anything, you said you had sent over 40 pictures and videos (Charge 1).
Conversation with Ashley Stanbrough
53Between 23 July 2023 and 13 March 2024 you spoke with Ashley Stanbrough (Ashley) over Mega.NZ. You caused Ashley to transmit files and text-based child abuse material to you by engaging in conversation with her about sexual activity with children.
54On 23 July 2023 Ashley introduced herself to you as 'Ashley from the chat avenue room'. You asked 'so ur 15 bro is 18 yet have 13yo son (sic)'. Ashley sent a child abuse material image. She then described sexual acts involving herself, children and animals. You asked her questions and she responded with text-based child abuse material. You stated 'wish I could watch u with ur bro and other boys'. Ashley sent a child abuse material file to you.
55On 2 August 2023 Ashley sent you another child abuse material file. You asked questions about the image and Ashely replied.
56On 10 August 2023 you asked questions of Ashley and she send four CAM files. You expressed a desire to have sex with some of the boys and Ashley sent you text-based child abuse material about engaging in sexual activity at 13 years of age.
57On 30 August 2023 you expressed a desire to see videos of Ashley's brother and she sent you an item of child abuse material which you discussed.
58On 10 February Ashley sent you another item of child abuse material. Ashley described acts with a 12-year-old child. In response you asked 'Nic can I c her like that (sic)'. Ashley continued the story and sent three items of child abuse material. She asked if you had any new items to share. You said no and asked about Ashely's brother having intercourse with underage girls. Ashley sent a further item of child abuse material. During the conversation someone purporting to be Ashley's brother Danny took over the account.
59On 11 February 2024 Danny told you that 'pervert guys' were coming to his house with their children. Danny sent you an item of child abuse material. You had a discussion after which Danny sent you a further item of child abuse material. You said you wished you could watch Danny have intercourse with his sister. Danny responded with a story describing him doing so with his 13-year-old sister.
60
On 23 February 2024 Danny sent a story involving sexual activity with a
12-year-old. You asked to watch that video. Danny sent an image which was not child abuse material. You asked for further images and Danny sent two items of child abuse material which you discussed.
61On 1 March 2024 you again discussed the ages of Danny and his sister. Danny sent a story involving sexual activity with a 12-year-old. You asked for pictures and Danny responded with two items of child abuse material.
Conversation with Chirojongen
62Between 4 January 2024 and 10 January 2024 you spoke with Chirojongen on Session. You caused images and text-based child abuse material to be sent to you by engaging in conversations about sexual activity with children and trading material.
63On 4 January 2024 you asked Chirojongen who the boys in the videos were with. He replied that he received them from his scout leader. You asked if he had done much with him and Chirojongen sent you an item of child abuse material. You asked about the videos he was watching and said you would like to see them. You discussed what the boys do to Chironjongen and he sent you two items of child abuse material.
64You described to Chirojongen what you thought about while masturbating and he sent you a further item of child abuse material. You asked for more videos of boys to which he sent you two more items of child abuse material.
65You asked to see all videos Chirojongen had and sent two further items of child abuse material. You asked further questions about the scout leader and Chirojongen sent further items of child abuse material during the evening.
66On 6 January 2024 you told Chirojongen you preferred seven-to-14-year olds 'but 10-14 would be good if that's all u have'. He sent you a further four items of child abuse material. You responded directly.
67On 7 January Chirojongen sent a further eight items of child abuse material.
68On 8 January you told Chirojongen you could not open a file. He sent three items of child abuse material during this conversation.
Conversations with Atlas 1122
69Between 5 January 2024 and 6 March 2024 you spoke with Atlas1122 (Atlas) on Session. You caused Atlas to send you files and text-based child abuse material by engaging in conversations about sexual activity with children.
70
Atlas initiated conversation with you on 5 January 2024 and then sent four
non-child abuse material images of an approximately three-year-old child. You said the boy was sexy but 'bet he looks better with cock in his mouth lol'. Atlas sent an item of child abuse material and you discussed what Atlas did by way of sexual activity with the child. Atlas sent you several items of child abuse material which you discussed in explicit terms, saying you 'prefer 7-14 but can make an exception for ur son'.
71You discussed what you wanted to do to the child and Atlas sent further items of child abuse material. You asked him to take pictures for you.
Conversation with ME
72Between 14 January and 13 March 2024 you spoke to ME on Session, causing him to send images and text-based child abuse material to you.
73At the outset, ME told you to 'Send boys to join'. You sent an image which was not child abuse material and when ME responded 'Nudes' you sent two items of child abuse material.
74On 15 January 2024 you asked to see ME's son. You sent a picture of your penis to ME and discussed what you would do to his son and nephew.
75On 18 January 2024 you said you were trying to get pictures of boys from other places and sent ME 17 items of child abuse material. On 20 January 2024 ME sent an item of child abuse material which you discussed before he sent another.
76On 2 February 2024 you discussed what ME had done with his nephew the weekend prior.
Charge 4 – use carriage service to distribute child abuse material
Charge 5 – use carriage service to access child abuse material
77Between 14 January 2024 and 14 March 2024 you were a member of a group on Session which had approximately 50 members. You were a regular and active member of the group and used it to distribute and access child abuse material.
78On 14 January 2024 you sent two items of child abuse material to the group. On 15 January you sent another two items of child abuse material. It is unknown how many group members accessed the material. You engaged in conversation with other group members and sent three further items of child abuse material.
79On 5 February 2024 you sent a further item of child abuse material to the group. On 12 February 2024 you stated what you would like to do to a young boy.
80On 17 separate dates you accessed 54 items of child abuse material and commented on the material accessed. The material included children from as young as six months of age being penetrated by adults.
Charge 6 – possess or control child abuse material obtained or accessed using a carriage service
81Material from the electronic devices seized from you on 14 March was downloaded, extracted and analysed. Your Apple iPhone SE contained 64 category 1 and 142 category 2 images and videos. Your Lenovo laptop computer contained 54 unclassified images. There were 260 images and videos in total.
82The iPhone contained videos and images of children aged from approximately three months though to 17 years engaging in various penetrative sexual acts, masturbation, ejaculation and in at least one case, being bound and blindfolded.
83The laptop computer contained amongst other items; images of preschool female children being penetrated by adults. Some images were of infant females being penetrated by adult males.
Record of interview
84On 4 March 2024 you participated in a record of interview at your home address while the warrant was being executed, after which you were arrested and taken to the Dandenong police station.
85In the interview, you admitted to having control of a Snapchat account, a Sessions account and a mobile phone.
86You said you had been talking to Indiana for a couple of weeks and she was 14 years of age. You said you requested photos of her in a bikini because you 'just wanted to see what she looked like in a bikini'. You said you sent her photos of yourself on your bed in your underwear to prove that was what you were doing and wearing. You agreed you told her you wanted to take her clothes off.
87When asked what images and videos you had been trading you said 'Like, there's – it'll be young boys or kids and yeah, I know it's wrong but I just - yeah I don't know what's wrong. Yeah, it's stupid … There could be boys naked or in sexual positions doing sexual acts, yeah'.
88When asked about your interest in boys aged seven to 14, you stated, 'Yeah, just ages of boys that - just to try to catch people - like, trying to catch people doing the wrong thing … Yeah, like, I saw - I try to catch people into sending me things so I can get enough to report ‘em'.You then confirmed that you had not actually reported anyone yet. Police told you that this did not make sense and that they believed you were looking at the material for gratification. You replied, 'Some – a bit of it's true, yeah' but you denied having a sexual interest in children.
89You stated you might have shared material with others a couple of times.
90You agreed that you had requested sexual images of a child and admitted accessing Mega.NZ links containing child abuse material.
Offence gravity
91Your offending is plainly disturbing and serious. You have solicited, accessed, transmitted, distributed and possessed a large amount of child abuse material and communicated with a number of other similarly minded individuals online. In some cases the victims were infants, only a few months old. I consider your conduct to fall at least at the mid-range for offending of this type, with Charge 6 being the most depraved by its content.
92When sentencing for child abuse material offences, there is a well-established list of considerations to be taken into account, as summarised in De Leeuw [2015] NSWCCA 183 and adopted in DPP (Cth) v Garside (2016) 50 VR 800. These include:
(i)The nature and content of the material;
(ii)The number of items or images possessed;
(iii)Whether the material is for the purpose of sale or further distribution;
(iv)Whether an offender will profit from the offence;
(v)The number of children depicted and thereby victimised; and
(vi)The length of time for which the pornographic material was possessed.
93Your offending was protracted and spanned the period from August 2020 to March 2024 and while you did not sell or profit from the offences, this does not mitigate your offending.
94The number of files you possessed and distributed was substantial at 260. The nature of the material was abhorrent and involved children from as young as three months of age through to those aged 17. The number of images represents a vast number of child victims, each of whom was harmed in the production of these items.
95Each and every image and video involves at least one child victim. These are crimes which cause real and lasting harm to the children who are subjected to abuse for the vile gratification of offenders like you. The public interest in the protection of children is high.
96
The text-based child abuse material you sent and received was depraved and, in some instances, focused on humiliation and pain caused to child victims.
Text-based child abuse material encourages the proliferation of child sexual abuse and goes to the heart of the online child abuse material industry, creating materials for the gratification of yourself and others which will be shared many times over.
97I take the items on the s16BA schedule into account when passing sentence on Charges 1-3. You do not fall to be sentenced for these offences, but I take them into account as elevating the need for specific deterrence and the need for adequate punishment in relation to Charges 1, 2 and 3.
Personal circumstances and psychological assessment
98I turn now to your personal circumstances.
99You are 37 years of age, having been born in July 1987. You grew up in Knoxfield with a younger brother and three older maternal half-siblings. Your family life was stable and caring and you did not experience any childhood trauma by way of domestic violence, neglect or sexual abuse.
100You were diagnosed with Tourette's Syndrome as a child but have learned to manage your symptoms. They have somewhat worsened in custody.
101You went to school in the Knoxfield area and despite positive social experiences, you were not academically minded and ceased formal education at the end of Year 11.
102You worked at McDonald's while you were enrolled at school and a year after leaving high school you completed a Certificate I in work education – hospitality. You worked at Knox Tavern for two years after completing your certificate.
103Since then you have worked in a variety of roles including as a kitchen hand, a courier, a warehouse worker and a delivery driver. You completed a three year apprenticeship as a baker in 2014 but did not receive official confirmation of this. You then worked in another bakery. For the past five years you have worked as a traffic controller.
104You lived with you parents in the family home until your remand. They are upset and disappointed in you but provide ongoing support to you. There are concerns as to you returning to the family home upon your release and one of your sisters has severed contact with you. In custody, you have worked as an assembly worker and in recycling.
105You have never been in a romantic relationship and have never participated in any form of physical or sexual intimacy with another person.
106You do not have alcohol or substance abuse issues, and you have no diagnosed mental health problems.
107I received a psychological assessment from Mr Geoffrey Burrows dated 20 May 2025. You reported to Mr Burrows that you first viewed pornography when you were 13 or 14 years old and first viewed child abuse material when you were in your early 20s. Of late you have viewed it every day, often multiple times a day.
108You acknowledged your prior conviction for using a carriage service to transmit indecent communications to a child under 16. You stated that while you had completed the Sex Offender Treatment Program, you 'could not recall any details of the program or how it helped. [You] stated that [you] did not think it was necessary to learn any strategies to avoid offending at the time because [you] had no intention of repeating the behaviour'.
109Despite telling police that you were trying to catch people sending child abuse material so you could report them, a clear lie, you told Mr Burrows that you were in fact sexually aroused by viewing child abuse material and that you regularly masturbated to it. You claim the main reason for your offending was loneliness.
110Mr Burrows opined that you have 'failed to develop the fundamental skills required for forming intimate relationships or experiencing meaningful intimacy. Furthermore, [your] views of sexuality appear to be based on an internalisation of the distorted mores of the pornography and other online material [you] have accessed. [You] therefore found it difficult to discuss the relationship between sexual behaviour and emotional intimacy, and [your] understanding of sexual consent was limited and basic'.
111Mr Burrows diagnosed you with 'paedophilic disorder, nonexclusive type, sexually attracted to both males and females'. He found you to pose no less than a moderate risk of recidivism to further sexual offending.
Sentencing principles
112On the charges before the court, you are to be sentenced in accordance with the Crimes Act 1914 (Cth). Pursuant to s16A(1) of that Act, I am required to impose a sentence that is of a severity appropriate to all of the circumstances of the offence. You must also, pursuant to s16A(2)(k) be adequately punished for the offending.
113S.16A(2) of the Act sets out a list of factors, all of which I have taken into account in passing sentence.
Plea of guilty and remorse
114You pleaded guilty to the six offences before the court at the earliest opportunity. You have saved the community the time and expense of running a trial. As such, you have facilitated the administration of justice and you are entitled to a benefit for the utilitarian value of your plea.
115By your plea of guilty you have also demonstrated an acceptance of responsibility for your offending. Remorse is difficult to assess in your case. You have very limited insight into your offending and do not have an appreciation of why it was wrong, however I accept that you are willing to undertake further Sex Offender Treatment Programs in an effort to avoid returning to prison.
Other sentencing factors
116On 4 March 2015, at the Dandenong Magistrates' Court, you were convicted of a child sex offence. As the instant charges are second/subsequent offences, pursuant to s16AAB of the Crimes Act, you are therefore subject to the mandatory minimum sentencing regime for each of the offences on the indictment. Here that mandatory minimum is four years for each charge.
117The High Court held in Hurt and Delzotto [2024] HCA 8 that a mandatory minimum sentence as prescribed in s16AAB (and s16AAA) sets the beginning of a yardstick against which the offending can be assessed and within which a court is to exercise its sentencing discretion to determine the appropriate sentence. The mandatory minimum imposes an increased starting point for the appropriate term of imprisonment for the offence in the least serious circumstances and operates to increase the appropriate term of imprisonment generally for that offence.
118Section 16AAC(2) and (3) provide that a court can impose a sentence less than the mandatory minimum where it considers that adequate recognition cannot be given to an offender's guilty plea or cooperation with having to go below the mandatory minimum head sentence.
119These sections permit an upper-level reduction of 25 per cent to accommodate any reduction in respect of a guilty plea and by up to 25 per cent to accommodate recognition of your cooperation. I have taken these considerations into account but have not reached the conclusion that it is necessary for me to apply reductions pursuant to either s16AAC(2) or (3), given your offending does not fall within the least serious category.
120I am greatly troubled by the fact that you have completed a Sex Offenders Treatment Program, seemingly to no avail, and began to offend only a few months after the completion of your previous community corrections order. This has implications for both your prospects of rehabilitation and your risk assessment, together with an elevation in the need for specific deterrence.
121There is a presumption of cumulation in matters of Commonwealth child sex offences. I give weight to the principle of totality and note that I consider it necessary to impose partial concurrency in circumstances where not to do so would result in an oppressive and unjust sentence.
Sentencing submissions
122Mr Kelly, appearing on your behalf, submitted that delay was a factor in your case. You were remanded on 14 March 2024 and served with further charges on 6 December 2024. While the delay is explicable in terms of the time needed to analyse the devices and conversations, the delay is also relevant in terms of the impact it had on you. Having the charges and prospect of further charges hanging over your head for that period no doubt caused you anxiety and I take that into account.
123Mr Kelly conceded that a head sentence and non-parole period is the only available disposition in this case.
124
Ms Simpson, for the prosecution, also submitted that a head sentence and
non-parole period is the only available disposition.
125Ms Simpson provided some comparable cases, namely R v Stiller [2023] QCA 51, Glasheen v R [2022] NSWCCA 191 and R v Ferns [2024] QCA 262. I take these authorities and current sentencing practices into account.
126I can only pass a sentence of imprisonment if, having considered all other available sentences, I am satisfied that no other sentence is appropriate in all the circumstances of the case.
127Having come to the conclusion that I have no alternative but to impose terms of imprisonment, I direct that my reasons for so finding be entered into the records of the court under s16A(2)(b) of the Crimes Act 1914 (Cth).
Disposition
128Mr Alexander would you please stand.
129On Charge 1, use a carriage service to transmit child abuse material, you are sentenced to five years' imprisonment.
130On Charge 2, use a carriage service to solicit child abuse material, you are sentenced to four years and six months' imprisonment.
131On Charge 3, use a carriage service to cause child abuse material to be transmitted to yourself, you are sentenced to four years and six months' imprisonment.
132On Charge 4, use a carriage service to distribute child abuse material, you are sentenced to five years' imprisonment.
133On Charge 5, use a carriage service to access child abuse material, you are sentenced to four years and six months' imprisonment.
134On Charge 6, possess or control child abuse material obtained or accessed using a carriage service, you are sentenced to six years' imprisonment.
135Before I pronounce the commencement dates, I indicate that it is my intention to cumulate two years of the sentence on Charge 1, 18 months of the sentence on Charge 2, one year of the sentence on Charge 3, 18 months of the sentence on Charge 4 and one year of the sentence on Charge 5 on the sentence imposed on Charge 6 and on each other, so as to achieve a total effective sentence of 13 years' imprisonment.
136The sentence on Charge 6 is to commence today.
137The sentence on Charge 1 is to commence three years after the commencement of the sentence on Charge 6.
138The sentence on Charge 2 is to commence two years after the commencement of the sentence on Charge 1.
139The sentence on Charge 3 is to commence one year after the commencement of the sentence on Charge 2.
140The sentence on Charge 4 is to commence one year after the commencement of the sentence on Charge 3.
141The sentence on Charge 5 is to commence 18 months after the commencement of the sentence on Charge 4.
142That makes a total effective sentence of 13 years' imprisonment.
143I direct that you serve a minimum period of eight years 6 months imprisonment before becoming eligible for release on parole.
144The purpose of fixing that non-parole period is to allow you the possibility of a period of supervised release into the community to further your rehabilitation.
145If you are released on parole, the balance of your sentence will be served in the community subject to the conditions of your parole. Any such parole order may be amended or revoked. If you fail without reasonable excuse to fulfil the conditions of your parole, your parole may be revoked, and you may be ordered to serve the balance of your sentence in prison.
146Pursuant to s18(4) of the Sentencing Act 1991 (Vic) and s16E(2) of the Crimes Act 1914 (Cth), I declare that you have served 455 days by way of pre-sentence detention, excluding today, and I direct that the fact of this declaration and its details be noted in the records of the court.
147Charges 1-6 are all schedule 2 offences for the purposes of the Sex Offenders Registration Act 2004. Accordingly, you are to be on the Sex Offenders Register for the remainder of your life.
148Pursuant to s6AAA of the Sentencing Act 1991 (Vic) I declare that had you not pleaded guilty, the sentence I would have imposed would have been a total effective sentence of 17 years and nine months with a non-parole period of 12 years.
149Would you please sign the acknowledgement of registration paperwork? Mr Kelly, you can assist Mr Alexander with that, together with my associate, if you wish.
150Thank you. You may be seated, Mr Alexander.
151Ms Simpson, do those numbers add up?
152MS SIMPSON: Yes, I think so, Your Honour. We can touch base if they don't.
153HER HONOUR: Mr Kelly?
154MR HURLEY: It's Mr Hurley actually Your Honour.
155HER HONOUR: It's Mr Hurley. I'm sorry, Mr Hurley.
156MR HURLEY: Yes. No worries, Your Honour.
157HER HONOUR: Mr Kelly was here last time, I apologise.
158MR HURLEY: Yes. I'll have a discussion with my learned friend and we'll advise chambers if there's any issues, yes.
159HER HONOUR: If there's any difficulty, advise chambers, thank you.
160MR HURLEY: Thank you.
161HER HONOUR: You can take Mr Alexander out, thank you.
162Thank you, we will adjourn the court.
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