CDirector of Public Prosecutions v Grant
[2020] VCC 2066
•17 December 2020
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 20-01054
| COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANDREW GRANT |
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| JUDGE: | HER HONOUR JUDGE WILMOTH |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 14 December 2020 |
| DATE OF SENTENCE: | 17 December 2020 |
| CASE MAY BE CITED AS: | CDPP v Grant |
| MEDIUM NEUTRAL CITATION: | [2020] VCC 2066 |
REASONS FOR SENTENCE
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Subject: Criminal law - sentence
Catchwords: 1 charge Use carriage service to solicit child pornography material - 2 charges obtain child pornography material outside Australia -7 charges obtain child abuse material outside Australia – 1 charge aggravated offence involving conduct on 3 or more occasions and 2 or more people – 1 charge distribute child abuse material outside Australia - s 16BA certificate charges 4 and 8 – Offender 59 years old - offending occurred over 7 month period when offender was a school principal in Singapore - arrested at Melbourne airport - suffering from an adjustment disorder with symptoms of anxiety and depression – no alcohol or drugs problem - prison time more onerous due to Covid-19 restrictions.
Sentence:5 years imprisonment with non parole period of 3 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms K. Breckweg | CDPP |
| For the Accused | Mr D. Sala | Emma Turnbull Lawyers |
HER HONOUR:
1Andrew Robert Grant, you have pleaded guilty to 13 charges under the Commonwealth Crimes Act relating to child exploitation material. They are as follows, one charge of using a carriage service to solicit child pornography material, two charges of obtaining child pornography material outside Australia, seven charges of obtaining child abuse material outside Australia, one charge of an aggravated offence, one charge of distributing child abuse material outside Australia and one charge of possessing or controlling child abuse material obtained or accessed using a carriage service.
2You have also admitted guilt under s.16AB of the Commonwealth Crimes Act to two other offences related to each of Charges 4 and 8 on the indictment.
In other words, they are two further instances of the same offending. These are to be taken into account in sentencing you.
3The prosecution summary consists of an overview of the offending, followed by summaries of each charge accompanied by descriptions of conversations and the content of images and videos. A copy of the opening will be annexed to these sentencing remarks.
4The overview states the broad details of the offending, which are that while you were residing overseas between May and December 2019, you communicated with numerous unknown children from the Philippines and other places for the purposes of soliciting and obtaining child pornography and child abuse material.
5During these communications, you obtained child pornography and child abuse material from 12 separate child victims. You transferred at least 16,600 Pesos to the victims, equivalent to A$470.
6You were also an active participant on various social media platforms, where you either distributed or obtained child abuse material with other online users relevant to Charges 8 and 9.
7You arrived at Melbourne Airport on 18 December 2019 from Singapore and were subject to a random baggage check by Australian Border Force. Suspect material was found on your phone, including conversations with minors and images of naked children. You told the officers that you believed you were being set up by children you had sponsored, and other children were trying to get money from you. When asked by the officers why you had asked for pictures of the girls, you did not respond.
8Forensic examination of your phone later revealed 21 videos and 108 images, a total of 129 items. You used multiple social media applications with your name displayed. You were arrested on 19 December and the charges to which you have now pleaded guilty are summarised as follows.
SUMMARY OF CHARGES
9Charge 1 is a charge of using a carriage service to solicit. It refers to your communications with a 15 year old girl. You asked her for photos of 14 year olds and of younger ones. The discussion included references to her age, her virginity and intimate sexual references.
10Charge 2 is a charge of obtaining child pornography outside Australia.
You communicated via WhatsApp with a 14 year old in the Philippines called Sweet Honesty or Cheryl. You had conversations with her of an intimate and sexual nature and asked her for photos of her and her friend, Gina. On two occasions, you said you would send money to them, amounting to 2,200 Pesos or A$62. Through this contact, you obtained 12 images of young girls, appearing to be aged between 12 and 16 years in varying states of nakedness and depicting their breasts, buttocks and vaginas.
11Charge 3 is the second charge of obtaining child pornography outside Australia dealing with your discussions with a person who, at your request, sent you five images of child pornography material. The girls in the images appeared to be aged between 14 and 16, shown naked and displaying their genitals.
12Charges 4 to 7 and Charges 10 to 12 are all charges of obtaining child abuse material outside Australia. I shall summarise those charges as follows.
13Charge 4 occurred when you were in Singapore and Phuket.
You communicated with two girls, aged 12 and 13, and requested and received 17 images and four videos of child abuse material for which you paid A$48. You complained that the images sent were of 19 year old girls and they were not young enough. They should have been images of 13 year old girls. You said it was not value for money and you wanted more pictures of naked girls before you sent any more money. The 17 images are of girls who appeared to be aged between 12 and 16, naked in varying ways and exposing their breasts and genitals. The videos show girls of the same age group similarly exposing themselves and in two of the videos, masturbating.
14Charge 4 also includes the scheduled offence under s.16AB of one charge of obtaining child pornography outside Australia. This relates to you obtaining four images and one video of child abuse material from the same source shortly before you committed the other offending making up Charge 4.
The video shows a girl who appears to be aged between eight and 10 in a shower with a male whose penis she washes with soap. The video then cuts to show the same girl lying on her back while the male inserts his penis into her vagina. The images show girls who appear to be aged between 10 and 14 exposing their bodies in the same manner as in the other images.
15Charges 5, 6, 7, 10, 11 and 12 relate to you obtaining images and videos of girls who appear to be aged between 12 and 16, shown in varying states of undress, some completely naked. In some cases, the girls are seen exposing their breasts, in others, their breasts and their vaginas. Some show a girl masturbating. You paid varying sums in Pesos, the equivalent of small amounts in Australian dollars, typically between $30 and $50.
16Charge 8 is an aggravated offence involving conduct on three or more occasions and with two or more people. Over a period of nearly two months, you communicated using the platform “Kik” on eight separate occasions and obtained a total of 25 images and two videos. The youngest girls depicted appear to be aged between 10 and 12. One such images depicts a girl with what appears to be an adult penis near her mouth. Many of the images show girls with their breasts exposed, some are completely naked and others are seen exposing their vaginas. The two videos each show a girl who appears to be aged between 13 and 16, one shows a girl dancing and stripping, the other shows a girl pulling aside her underwear and rubbing her vagina.
17Charge 8 also includes the scheduling under s.16BA of one charge of obtaining child pornography outside Australia. This charge involves you as having obtained three images categorised as child pornography. Two of the images show girls who appear to be aged between eight and 12 years posing in a sexually suggestive manner, one of whom is naked but lying face down. The third image shows a girl who appears to be aged between six and eight years exposing her vagina.
18Charge 9 is a charge of using a carriage service to distribute child abuse material outside Australia. Using the Kik platform, you sent four images to two different recipients of girls appearing to be aged between 12 and 14 in a manner similar to images relating to other charges. The total number of images obtained was 102 with 12 videos.
19Charge 13 is a charge of possessing child abuse material, six images and nine videos were found saved on your phone, all classified as child abuse material and these were distinct from those identified from the social media chat groups. The content of these images and videos were similar to that of the other material obtained via the chat groups. The possession charge encompasses 108 images and 21 videos, a total of 129 items.
20You were arrested on 19 December, the day after your arrival in Melbourne and were interviewed by the police. You made limited admissions but said you believed twin sisters you had been sponsoring had given out your phone number and that was why you had received 'unsolicited approaches from people sending you stuff and asking for money.' You thought this was a scam and you were being set up.
21You said you were sent naked pictures either before or after you had sent money to people in the Philippines for food and education.
GRAVITY OF THE OFFENDING
22An assessment of the gravity of the offending in this case begins with noting that the maximum penalty for all the charges is 15 years except for Charge 8 which has a maximum of 25 years' imprisonment. This is an indication of how seriously this offending is regarded by the legislature. The period of time over which your offending took place from May to December 2019 is a further indication of its seriousness. You used your time and location overseas to prey upon the children and exploited their vulnerability, not only as children but as children living in poverty or in need of economic help. They were young teenagers and some appeared to be even younger, while you were a man in late middle age and you knew how old the children were. Hence, the power imbalance was very marked, a matter which I must take into account.
23By being involved as you were, you were an active participant in the market for child pornography, a market which encourages the production of such material and therefore the exploitation and violation of the children.
24The total number of items obtained and in your possession was not large by comparison with other such cases and most of the images and videos were classified under Category 1, with 13 items rated in Category 2 and two in Category 4.
25As Ms Breckweg for the prosecution described in her sentencing submissions, Category 1 encompasses a wide range of activity, including, as was the case here, close up images of children exposing their genitals, engaging in masturbation or naked children being presented merely as body parts. Hence, many of these images were serious and depraved examples of Category 1 items. This is a factor that weighs in the balance against the low number of items.
26Eight of the charges are rolled up charges, each representing more than one instance of offending which results in a greater degree of criminality.
Another aspect of gravity is the range of different types of offending reflected in the charges which must lead to considerable cumulation of sentences.
PERSONAL CIRCUMSTACNES AND BACKGROUND
27I turn now to your personal circumstances and background. You are aged 59 and you were 58 at the time of the offending. You are married and you have the continuing support of your wife and your two adult daughters. You have had a career as a teacher in Victorian schools for some 25 years before going overseas to work as a headmaster in China, Kuwait and Qatar. The schools in the Middle East proved to be unsatisfactory by reason of their nature as profit-run private schools with profit given priority over the education of the children.
28In a depressed state, you returned to Melbourne but were unable to find suitable work. From there, you returned overseas, this time to Singapore where you found the same situation as in Qatar and your depression increased. While you were away, your mother became increasingly ill with dementia and she died in March this year.
29Your treating psychotherapist, Dr Pokharel, considered that that may have had an impact on emotional state.
30Since your return to Melbourne last year, you have remained unemployed and have been treated by Dr Pokharel whose report states that you suffer from an adjustment disorder with symptoms of anxiety and depression. Dr Pokharel considers that you were possibly suffering from social isolation related emotional difficulties while overseas and that your anxiety and depression became more prominent when you were arrested. You told the doctor that you were deeply remorseful about the offences, that you highly regret your lapse of judgment and the doctor considers that you have developed a good insight into what you have done.
31Recently, you were assessed by a psychologist, Mr Warren Simmons, to whom you described a happy childhood and successful schooling, culminating in a masters degree in education at Melbourne University. After a career teaching in Melbourne, as I referred to a moment ago, you sought work in an administrative role, but with no such opportunities in Victoria, you looked overseas.
32Your ambition was to work overseas with a vision to becoming an inspector of international schools, at which time your wife would join you. To that end, you worked in overseas schools and returned home twice a year until your arrest.
33You have no problems with alcohol and you do not use drugs. You have no prior convictions. Your wife and two of your friends have written letters to the court, describing your good qualities and the devastation your offending has caused the family.
34Mr Simmons could not discern any paedophilic tendency other than the material in your possession. He stated in his report that you were not able to explain why you offended but you did not try to justify your offending or minimise the effect of it. Mr Simmons says you told him that you were disgusted by the contents of the transcript of the conversations. Although he thought your risk of reoffending was low and your prospects for rehabilitation are quite good, Mr Simmons recommends that you seek further assessment and treatment.
MITIGATING FACTORS
35Your criminality is mitigated to some extent by your plea of guilty, notwithstanding the strength of the prosecution case. Your plea was entered at an early stage and you are entitled to a discount on your sentence for having facilitated the system of criminal justice. A plea of guilty is often accepted as an indication of remorse and you have expressed that to
Dr Pokharel and Mr Simmons, but these expressions came well after your initial responses to the police in which you attempted to cast blame on the children.
36You would have known that the children with whom you were communicating were vulnerable and you exploited them anyway, even quibbling over payment of a small sum on one occasion.
37I accept that you have developed some insight and remorse and you have accepted responsibility for your offending, all of which improve your prospects for rehabilitation.
38You have made a contribution to education over many years and as I said earlier, you have no previous convictions and I take all of these matters into account. By doing so, I am able to place slightly less importance on the need for specific deterrence, while general deterrence remains the chief focus of an appropriate sentence.
39On your release, you will be unable to work in your profession and indeed may find it hard to get any work. Because of the restrictions imposed by the COVID-19 pandemic, your time in prison will be more onerous than otherwise. Although it is understood that visiting restrictions were lifted last week, there will doubtless remain some limitation on available courses and programs and you will have been placed in quarantine initially and I take those matters into account.
SENTENCING DISCUSSION
40General deterrence is a highly significant part of a sentence for such extremely serious and indeed depraved offending as this is. The community has a real interest in knowing that those who exploit children in a grave and harmful manner will be punished severely and that others may learn that such offending will attract a harsh sentence. The need to protect children overseas from Australian travellers is another sad but necessary aspect of general deterrence in these case.
41In your case, the offending is represented by 13 separate charges involving five types of child pornography offending. As I said earlier, they are soliciting, obtaining, distributing, aggravated obtaining and possessing the material. There were 12 different child victims of the overseas offending as described in my summary of the offences and here I am referring to the children with whom you communicated and asked for material. You paid these children and you engaged them in sexual conversation, often making comments of an offensive nature and asking them sexually inappropriate questions.
SENTENCE
42Mr Grant, I will be sentencing you to a total effective sentence of five years and I will fix a period of three years which you must serve before being eligible for parole. The overall sentence is made up of the following individual sentences.
43For Charge 8, you are convicted and sentenced to five years' imprisonment.
I order that the sentence will commence on 17 December 2020, that is today and will serve as the base sentence.
For Charge 1, you are convicted and sentenced to three years' imprisonment. I order that the sentence be served concurrently with the sentence imposed on Charge 8.
For Charge 2, you are convicted and sentenced to three years' imprisonment. I order that the sentence commence on 17 April 2021.
For Charge 3, you are convicted and sentenced to two years' imprisonment.
I order that the sentence be served concurrently with the sentence imposed on Charge 2.
For Charge 4, you are convicted and sentenced to three and a half years' imprisonment. I order that the sentence commence on 17 August 2021.
For Charge 7, you are convicted and sentenced to two years' imprisonment.
I order that the sentence be served concurrently with the sentence imposed on Charge 4.
For Charge 9, you are convicted and sentenced to two years' imprisonment. I order that the sentence commence on 17 February 2022.
For charge 5, you are convicted and sentenced to three years' imprisonment. I order that the sentence commence on 17 June 2022.
For Charge 6, you are convicted and sentenced to three years' imprisonment and I order that the sentence commence on 17 September 2022.
For Charge 10, you are convicted and sentenced to three years' imprisonment. I order that the sentence commence on 17 December 2022.
For Charge 11, you are convicted and sentenced to three years' imprisonment. I order that the sentence be served concurrently with the sentence imposed on Charge 10.
For Charge 12, you are convicted and sentenced to three years' imprisonment. I order that the sentence be served concurrently with the sentence imposed on Charge 10.
For Charge 13, you are convicted and sentenced to three years' imprisonment. I order that the sentence be served concurrently with the sentence imposed on Charge 10.
44The prosecution seeks an order for forfeiture to which you have consented through your counsel and I make that order.
45Now, Ms Breckweg, are there any other matters that I have neglected or omitted?
46MS BRECKWEG: Your Honour, only the declaration of pre-sentence detention and the Sex Offenders Registration Act is life reporting.
47HER HONOUR: Three days. All right. I could not find the order for that, I will come back to that in a moment.
48MS BRECKWEG: Yes, thank you, Your Honour.
49HER HONOUR: So I declare that the three days of pre-sentence detention that you have already served be reckoned as already served and I shall note that on the court record.
50Now I will come to the Sex Offender Registration. Do you have a clean copy there that I can use, Ms Breckweg?
51MS BRECKWEG: No, I am afraid I do not, Your Honour.
52HER HONOUR: All right. I will just have a quick look on my folder. I just did not see it.
53MR SALA: It is an order of the court, Your Honour, as distinct I think from an application by the Crown.
54HER HONOUR: Is it, in a Commonwealth case, is that right?
55MR SALA: I believe so and Your Honour what my previous experience with this is, Your Honour's staff send the material to the prison and the prison serve it and then confirm service. Because of course, once Your Honour has made the order, the only significant aspect that needs to be handled is ensuring the accused receives the documentation.
56HER HONOUR: I see, thanks for that help, Mr Sala. So just slightly different from the usual.
57MR SALA: Yes.
58HER HONOUR: All right. Did you say life, Ms Breckweg?
59MS BRECKWEG: It is, Your Honour. I did have somewhere, how many Class 2 offences there were, I think the majority were Class 2.
60HER HONOUR: And it is mandatory, is it not?
61MS BRECKWEG: It is, Your Honour, that is right.
62MR SALA: It is, Your Honour. There was just no dispute about this and it was in the plea material.
63HER HONOUR: I will explain that to Mr Grant now. Mr Grant, I make an order under the Sex Offenders Registration Act that once you are released, for the remainder of your life, you must supply your contact details and other details to the police each year. You will be sent, or the prison will be sent, a form for you to sign concerning that and there may also be something else.
I think Mr Grant is required to also sign a statement relating to the s.16BA matters.
64MS BRECKWEG: That is correct, Your Honour.
65HER HONOUR: We have got a copy of that here?
66MS BRECKWEG: Yes.
67HER HONOUR: I have signed the forfeiture order.
68MS BRECKWEG: And the SORA obligations are no different in Commonwealth and State. We just picked them up.
69HER HONOUR: Yes. Just a different way that they are done.
70MS BRECKWEG: That's correct, yes.
71HER HONOUR: Thank you. Mr Sala, is there anything else you want to raise?
72MR SALA: No, Your Honour, it is just traditionally we just go to the back of the courtroom and get it signed.
73HER HONOUR: Yes, that's right.
74MR SALA: So now as I understand the process that this court has adopted is Your Honour's associate sends it and the prison confirms that it has been received and given over.
75HER HONOUR: Thanks very much for that, all right.
76MR SALA: Thank you, Your Honour.
77HER HONOUR: So that will happen and I do not think there is anything else. So can I thank you both for your assistance in the preparation of the structure of the sentence and I will ask Mr Percy for the last time to adjourn the court. Mr Percy is retiring, he will not be with us any longer.
78MS BRECKWEG: That is sad. Well congratulations.
79HER HONOUR: Thank you, Mr Percy.
‑ ‑ ‑
IN THE COUNTY COURT OF VICTORIA CR-20-01054 AT MELBOURNE
IN ITS CRIMINAL JURISDICTION BETWEEN:
THE QUEEN V
ANDREW ROBERT GRANT
CROWN PLEA OPENING
INDICTMENT
The offender has pleaded guilty to the following 13 offences:
| Charges | Offence | Maximum Penalty |
| 1 | Use carriage service to solicit child pornography material s.474.19 of the Criminal Code (Cth) | 15 years imprisonment |
| 2 and 3 (2 charges) | Obtain child pornography material outside Australia s.273.5(1) of the Criminal Code (Cth) | 15 years imprisonment |
| 4, 5, 6, 7, 10, 11 and 12 (7 charges) | Obtain child abuse material outside Australia s.273.6(1) of the Criminal Code (Cth) | 15 years imprisonment |
| 8 | Aggravated offence involving conduct on 3 or more occasions and 2 or more people s. 273.7(1) of the Criminal Code (Cth) | 25 years imprisonment |
| 9 | Distribute child abuse material outside Australia s. 273.6(1) of the Criminal Code (Cth) | 15 years imprisonment |
| 13 | Possess or control child abuse material obtained or accessed using a carriage service s.474.22A(1) of the Criminal Code (Cth) | 15 years imprisonment |
2. Pursuant to section 16BA of the Crimes Act 1914 (Cth), the plea also involves the scheduling of two charges of obtaining child pornography outside of Australia contrary to s.273.5(1) of the Criminal Code (Cth) to charge -4 (obtain child abuse material outside Australia contrary to s273.6(1)) and charge 8 on the Indictment (the aggravated offence involving conduct on three or more occasions and two or more people contrary to s273.7(1)).
PRELIMINARY
3. The offender Andrew Robert Grant, born on 7 February 1961, was aged 59 years at the time of the offending and is an Australian citizen.
4. At the time of the offending and arrest, he was employed as the School Principal at
“ArtsKids International”, a school in Singapore.
5. He held previous teaching positions, including as an Acting Principal at “Awfaz Global School”, in Doha, Qatar, Vice Principal at A’Takamul International School, in Kuwait, Deputy Head at Harrow International School in China, and is a former teacher at Scotch College. 1
6. He had an arrangement with his wife whereby he would live overseas whilst working in these roles and would return twice a year to Australia.
OVERVIEW OF OFFENDING
7. Between May 2019 and December 2019, while residing overseas, the offender communicated with numerous unknown children from the Philippines and other places for the purposes of soliciting and obtaining child pornography and child abuse material.
8. During these communications the offender obtained child pornography and child abuse material from 12 separate child victims. Chat discussions indicate the offender transferred at least $16,600 peso to his victims, which is equivalent to
$470 AUD.
9. The offender was also an active participant on various social media platforms, where he either distributed or obtained child abuse material with other online users (charges 8 and 9).
1 Statement of Andrew Roy Gibb dated 20 February 2020 and business cards located on the offender at arrest
10. On 18 December 2019, the offender arrived at Melbourne Airport from Singapore. He was subject to a random baggage examination by Australian Border Force (ABF). During the examination of the offender’s Apple iPhone 8, suspect material was located in WhatsApp chat threads which involved conversations with minors and images of naked children.
11. The offender told ABF officers that he believed “he was being set-up” and explained that he had been sponsoring twin sisters “Jesryll” and “Gissell Milagrosa” and believed their friends had found out that he was paying their courses and trying to get him to do the same for them. “To try and trap me into sending them money”. When ABF officers queried why he had asked for more pictures of the girls he did not respond.
12. The matter was subsequently referred to the Australian Federal Police (AFP). 2
13. Subsequent forensic examination of the offender’s mobile phone located a total of 21 video files and 108 images which were categorised as follows: 3
| Charges | Video Files | Picture Files | Total |
| CETS Category 1 | 9 | 105 | 114 |
| CETS Category 2 | 11 | 2 | 13 |
| CETS Category 4 | 1 | 1 | 2 |
| Total | 21 | 108 | 129 |
14. Forensic analysis also revealed the offender using multiple social media applications including:
(a)KiK Messenger – account name “andyrastis” and display name “Andy Grant”;
(b)WhatsApp – Display name “Andy G”;
(c)Line – “Display name “Andrew Grant”;
(d)Viber – Account and display name “Andrew Grant”; and
(e)SMS Text Messages.
15. At the time of the offending, the WhatsApp, Viber and Line chat communications were secured with “end-to-end encryption” to avoid detection.4
16. ABF travel records show the offender was outside Australia during the offending period in respect of charges 1 to 12.5
2 Statement of AFP LSC Dominic James Bakker
3 Statement of SC Mark Neill Sharer
4 Statement of Mark Sharer dated 19 November 2020
5 Statement of Lisa Telford ABF page 5
17. On 19 December 2019, the offender was arrested.
CHARGE 1 – Use carriage service to solicit – “Kia”
18. Between 5 May 2019 and 12 May 2019, the offender engaged in “text based” child pornography communications via WhatsApp with “Kia”, who identified as being 15 years old. During discussions, the offender requested pictures of underage girls including “Will you send me more pics of the 14 year olds?” and “pics of young ones. Solo pics”. Many of these discussions occurred whilst the offender was at work the offender stating to “Kia” “I’m still at school”, “leaving very soon” and “I can’t leave work until 2:30”.
19. Chat discussions also indicate the offender transferred money to “Kia”, the offender asked “Did you get the money?”.6 On 5 and 11 May 2019, the offender indicated he would send 1200 and 2000 peso, equivalent to $90AUD.
20. Between 5 and 7 May 2019 the offender had the following WhatsApp exchange with
“Kia”:
Andy G Ok. How old are you again? Kia 15
Andy G Ok
Are you virgin?
Kia yes
Andy G No bf?
Can you take selfie for me?
Kia Outside now
Andy G Ok
Andy G Oh wow. Is this your 15 year old pussy?
Still there baby?
Kia Oo
Andy G Hi
You made my cock so hard baby
Will you send me more pics of the 14 year olds?
Kia Push it in
Andy G Push my cock in your pussy
I want you to send me pics of the young ones. Solo pics Kia You can send and cancel that libeth transfer..
Or u can send me other transfeer 1 k only but i will show u live now rubbing my pussy how about
6 WhatsApp Chat on 5 May 2019 at 14:31:25(UTC+0)
Andy G Ok. I will go over now
Kiabecause the teens r here as well to borrow my phone and wants to send u the rest of uniform naughty pics
Andy G Send a quick snap pic now
Kia Image sent, not child abuse material
Andy GSnap teens Great pussy
Just a snap. No pose
CHARGE 2 – Obtain child pornography outside Australia – “Sweet Honesty” aka “Cheryl”
21. Between 19 June 2019 and 24 June 2019, the offender communicated via
WhatsApp with “Sweet Honesty”, also known as “Cheryl”, who identified as being 14 years old from Ceba, Philippines. The offender also communicated with “Sweet Honesty’s” house mate, “Gina” who identified as being 14 years from Ceba, Phillippines. During these communications he obtained a total of 12 images categorised as child pornography material, including six from each child victim.
22. The offender asked Sweet Honesty “Send me a pic of you and your friend?” After receiving the images, the offender stated “Yummy”, “You are so sexy”, “I hope you have more pics to send me”, “Send more Cheryl” and “Are you and your friend virgins?”. The offender later stated, “Cheryl you are so hot” and “I am looking forward to meeting up with you when I come to Cebu”. “Do you play with your pussy?” and “Honey your pussyfooted looks so tight and wet”.
23. After obtaining photos from “Gina” the offender stated “Yummy” and “You are so beautiful”. He asked “Gina” “Will you join me and my lady friend in Cebu when I visit later this year. She is 20”.
24. During the chats the offender directs both “Cheryl” and “Gina” to take clearer photos “Love it but not very clear” and “Why is this pic grainy?”. “Gina” asks “What is grainy? Old? Ugly?”.
25. On 19 June 2019, the offender stated he would send 1200 peso, equivalent to
$34AUD and on 24 June 2019, 1000 peso, equivalent to $28AUD. 7
7 WhatsApp with Sweet Honesty 19 June 2019 10:12:37(UTC+0) and 24 June 07:13:05(UTC+0)
26. The offender obtained the following 12 images categorised as child pornography material:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts an Asian female standing while fully naked. The female is taking a selfie with a device. In the image you can clearly see her breast and partially see her vagina. The female appears to be between the ages 14 to 16 years old. | 20 June 2019 at 11.38am (UTC+0) |
| 2 | The image depicts an Asian female standing while fully naked. The female is taking a selfie with a device. In the image you can clearly see her breast and partially see her vagina. While similar in description the image is of a different female compared to the above image. | 20 June 2019 at 11.39am (UTC+0) |
| 3 | The image depicts an Asian female laying down naked on her side exposing her buttocks and vagina. The female appears to be between the ages 12 to 16 years old. | 21 June 2019 at 1.09pm (UTC+0) |
| 4 | The image depicts an Asian female laying down naked on her back while partially removing her white coloured underwear exposing her vagina. The female appears to be the same female as in the above image. | 21 June 2019 at 1.10pm (UTC+0) |
| 5 | The image depicts a female on her hands and knees wearing high heels and an unknown article of clothing. The image has been taken showing her buttocks and vagina clearly. The female appears to be between the ages 14 to 16 years old. | 21 June 2019 at 1.13pm (UTC+0) |
| 6 | The image depicts an Asian female laying down naked with a dildo in one hand while she opens her vagina with her other hand. The female appears to be between the ages 14 to 16 years old. | 21 June 2019 at 1.14pm (UTC+0) |
| 7 | The image depicts an Asian female sitting down naked with her leg slightly raised. In the image you can see the female’s breasts and partially see her vagina. The female appears to be between the ages 14 to 16 years old. | 24 June 2019 at 8.17am (UTC+0) |
| 8 | The image depicts an Asian female sitting down naked. The female appears to be the same as from the previous image. In the image you can see the female’s breasts and vagina. The female also has a blue coloured piece of material around her waist. The female appears to be between the ages 14 to 16 years old. | 24 June 2019 at 8.19am (UTC+0) |
| 9 | The image depicts an Asian female laying back naked. The female appears to be the same as from the previous images. In the image you can see the female’s breasts and vagina. The female also has a blue coloured piece of | 24 June 2019 at 8.20am (UTC+0) |
| material around her waist. The female appears to be between the ages 14 to 16 years old. | ||
| 10 | The image depicts an Asian female crouching down naked. The female appears to be the same as from the previous images. In the image you can see the female’s breasts and vagina. The female appears to be between the ages 14 to 16 years old. | 24 June 2019 at 8.37am (UTC+0) |
| 11 | The image depicts an Asian female sitting with her back against a wall while naked. The female appears to be the same as from the previous images. In the image you can see the female’s breasts and vagina. The female is looking at the camera smiling. The female appears to be between the ages 14 to 16 years old. | 24 June 2019 at 8.38am (UTC+0) |
| 12 | The image depicts an Asian female laying down on her back while naked on white coloured bedding. In the image the female has one leg slightly raised and bent to obscure her vagina but her breasts are clearly visible. The female appears to be between the ages 14 to 16 years old. | 24 June 2019 at 2.42pm (UTC+0) |
CHARGE 3 – Obtain child pornography outside Australia – “Tara nah”
27. On or about the 17 August 2019, the offender obtained five images classified as child pornography material from “Tara nah” via Line Messenger. During the communications, the offender told “Tara nah” “I want to see “12 and 13 year olds naked and sexy”. The offender comments “beautiful” after receiving the first image.
28. The offender obtained the following five images categorised as child pornography material:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts an Asian female laying down naked with her hands by her sides and her underwear pulled down. The female appears to be between the ages of 14 to 16 years old. | 17 August 2019 at 12.13am (UTC+0) |
| 2 | The image depicts what appears to be the same Asian female as in the above photo laying down naked with her legs spread and her arms above her head. The female appears to be between the ages of 14 to 16 years old. | 17 August 2019 at 12.14am (UTC+0) |
| 3 | The image depicts an Asian female sitting down naked. The female appears to be exposing her vagina with her hand and is looking at the camera. The female appears to be between the ages 14 to 16 years old. | 17 August 2019 at 12.24am (UTC+0) |
| 4 | The image depicts an Asian female who appears to be naked. The female is laying on her back with her legs together and up in the air exposing her vagina. The female appears to be between 14 to 16 years old. | 17 August 2019 at 1.08am (UTC+0) |
| 5 | The image depicts an Asian female bending over away from the camera on a couch. The female is naked and exposing her vagina and anus. The female appears to be between 14 to 16 years old. | 17 August 2019 at 4.04am (UTC+0) |
CHARGE 4 – Obtain child abuse material outside Australia – “Anelyn”
29. Between 21 September 2019 and 6 October 2019, the offender whilst in Singapore and Phuket, communicated on Viber with “Anelyn”, who identified as a 13-year-old girl in the Philippines. The offender also communicated with “Angelica
Panganiban”, who identified as 12 years old. The offender requested and received 17 images and four videos of child abuse material. He also transferred 1700 peso for this child abuse material, equivalent to $48AUD.
30. During these communications the offender complains about the girls not being young enough and the images not being value for money. “But the pics that are supposed to be you are not a 13-year-old. They are old pics of a 19-year-old”. “I sent 1700 peso and got 3 pics of which I had already seen 2 and a short video. Not value for money. If I am to send tomorrow you have to send a lot more than what you have sent” and “I need to see naked pics of you all before I send. I’ve sent too much and got nothing back”. The offender also comments with approval on
receiving child abuse material “yummy” and “beautiful” and states he is still at Phuket airport about to board his flight.
31. The offender received the following 17 images classified as child abuse material:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts a naked Asian female sitting with her legs spread, exposing her breasts with one hand covering her vagina. The female is wearing a denim skirt bunched up around her waist. The female appears to be between the ages 14 to 16 years old. | 21 September 2019 at 11.15am (UTC+0) |
| 2 | The image depicts an Asian female kneeling on a bed while wearing a pink coloured top. The female is also wearing pink coloured shorts that she is pulling down on one side. The female appears to be between the ages 12 to 14 years old. | 21 September 2019 at 1.20pm (UTC+0) |
| 3 | The image depicts the same Asian female from the previous image. The female is leaning back on a bed. She is exposing her breasts and has her pink coloured underwear around her knees while exposing her vagina. The female appears to be between the ages 12 to 14 years old. | 21 September 2019 at 1.22pm (UTC+0) |
| 4 | The image depicts an Asian female leaning back while naked. The female is covering her breasts and vagina with her hands and arms. The female appears to be between the ages 12 to 14 years old. | 22 September 2019 at 1.42am (UTC+0) |
| 5 | The image depicts an Asian female standing in front of some water. The female is naked fully exposing her breasts to the camera with her arms by her sides. The female appears to be between the ages 14 to 16 years old. | 22 September 2019 at 8.14am (UTC+0) |
| 6 | The image depicts a female laying back with her legs spread exposing her vagina and one breast. Only the female’s mouth is visible in the image. The female appears to be between the ages 12 to 14 years old. | 22 September 2019 at 9.38am (UTC+0) |
| 7 | The image depicts an Asian female sitting on a bench while topless and wearing black coloured underwear. The female appears to be between the ages 14 to 16 years old. | 25 September 2019 at 3.15pm (UTC+0) |
| 8 | The image depicts an Asian female standing while topless, exposing her breasts. The female appears to be between the ages 14 to 16 years old. | 25 September 2019 at 3.15pm (UTC+0) |
| 9 | The image depicts an Asian female laying on her side exposing both her breasts. The female appears to have taken the photo herself. The female appears to be between the ages 14 to 16 years old. | 26 September 2019 at 7.36am (UTC+0) |
| 10 | The image depicts an Asian female laying on her back with one arm above her head. The female has her breasts exposed. The female appears to be between the ages 14 to 16 years old. | 5 October 2019 at 5.54am (UTC+0) |
| 11 | The image file depicts the same Asian female as the previous image laying on her back. This image has been taken from the foot of the bed she is laying on and it exposes her breasts and vagina. The female appears to be between the ages 14 to 16 years old. | 5 October 2019 at 3.55am (UTC+0) |
| 12 | The image file depicts an Asian female naked from the waist up. The female has her head turned to hide her face but her breasts are exposed. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 2.12am (UTC+0) |
| 13 | The image file depicts a naked Asian female leaning backwards while sitting down. The female is covering her breasts with one of her hands and arms. Her vagina is clearly visible. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 2.13am (UTC+0) |
| 14 | The image file depicts the same female as the previous image but has been cropped in closer to be more focused on the female. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 2.15am (UTC+0) |
| 15 | The image file depicts the same Asian female from the previous image. The female is touching her vagina with one hand and her breasts are exposed in this image. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 2.16am (UTC+0) |
| 16 | The image file depicts the same Asian female from the previous images. The female is leaning further backwards and is touching her vagina with one finger while her breasts are still exposed. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 2.16am (UTC+0) |
| 17 | The image file depicts an Asian female laying on her back with her legs spread apart while naked. The female has one hand slightly covering her vagina and her breasts are exposed. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 6.48am (UTC+0) |
32. The offender obtained the following four videos classified as child abuse material:
| Video | Description | Transmission Date/Time |
| 1 | The video depicts an Asian female sitting down. The female is wearing a white coloured bra and pink shorts. The female commences rubbing her breasts and then her vagina. The female later removes her shorts and rubs her vagina and breasts. The female then removes her underwear and uses a dildo to rub her vagina. The female appears to be between the ages 12 to 16 years old. | 24 September 2019 at 10.13am (UTC+0) |
| 2 | The video depicts an Asian dancing and stripping. The female is initially wearing denim shorts and removes them to be wearing a green underwear. The female removes the underwear and continues dancing while touching herself. The female moves the camera and sits down with her legs spread. The female continues to rub herself all over her body and starts licking her legs. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 1.45pm (UTC+0) |
| 3 | The video depicts an Asian female leaning back. It is the same female as in the previous video file. The female has inserted a finger into her vagina and is masturbating. The female continues masturbating with her finger throughout the video. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 1.45pm (UTC+0) |
| 4 | The video depicts an Asian female laying back on a bed topless. The female’s breasts are clearly visible. The female removes a pair of green coloured shorts. The female sits up on the bed and the camera cuts out to the female’s vagina and she starts masturbating with her hand. The female lays back on the bed and gives a peace symbol to the camera. The female appears to be between the ages 14 to 16 years old. | 6 October 2019 at 2.11pm (UTC+0) |
33. Pursuant to section 16BA of the Crimes Act 1914 (Cth), the plea of guilty to charge 4 also involves the scheduling of one charge of obtaining child pornography outside of Australia contrary to s.273.5(1). See Section 16BA Crimes Act 1914 (Cth) Certificate Item 1.
34. The scheduled charge involved the offender obtaining four images and one video of child abuse material from “Anelyn” between 10 September 2019 and 20 September 2019.8
35. The offender obtained the following video:
| Video | Description | Transmission Date/Time |
| 1 | The video depicts an Asian female in the shower. The female removes her underwear and commences dancing. The video then cuts to the same female in the shower with an unknown male. The female proceeds to rub soap over the male’s penis and then washes the soap off. The video then cuts again to the female laying on her back while the male rubs his penis over her vagina and then inserts his penis into her vagina. The female appears to be between 8 to 10 years old. | 10 September 2019 at 4.07am (UTC+0) |
36. The offender obtained the following four images:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts an Asian female standing up with her hands on her hips exposing her breasts and vagina. The female appears to be between 10 to 12 years old. | 11 September 2019 at 5.35am (UTC+0) |
| 2 | The image depicts an Asian female standing up with her hand up towards the camera exposing her breasts. The female appears to be the same female as in the previous | 11 September 2019 at 5.36am (UTC+0) |
8 This scheduled offence relates to pre-21 September 2019 legislation. On 21 September 2019 the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cth) repealed the definition of “child pornography” and replaced it with “child abuse material”.
| image transmitted. The female appears to be between 10 to 12 years old. | ||
| 3 | The image depicts an Asian female standing up with one leg raised while naked. The female is sticking out her tongue and opening her vagina with her fingers. Her breasts and vagina are both exposed to the camera. The female appears to be between 12 to 14 years old. | 10 September 2019 at 8.55am (UTC+0) |
| 4 | The image depicts an Asian female sitting down in the shower with her breasts exposed. The female is looking down at her vagina with her tongue sticking out and opening her vagina with her fingers. The female appears to be between 12 to 14 years old. | 10 September 2019 at 8.55am (UTC+0) |
CHARGE 5 – Obtain child abuse material outside Australia – “Sassy”
37. Between 16 October 2019 and 28 October 2019, the offender obtained via WhatsApp five images and one video of child abuse material from “Sassy.
38. During communications the offender stated, “I want to see you and your friends”. “Do you have pic of 12 year old?”, “Got pic and name of 12 years old?”, “11-14 my favorite ages”, “Plus I would like some selfie naked pics”, “I want to see some more pics of you”, “Whose pussy is this? Love to see yours” and “Such a hairy pussy for
12”.
39. After telling “Sassy” that he was sending $1700 peso he stated, “I now expect lots
of hot pics of you honey and cheerylyn”. $1700 is equivalent to $48AUD.
40. The offender obtained the following video categorised as child abuse material:
| Video | Description | Transmission Date/Time |
| 1 | The video depicted is of a naked Asian female. At the start of the video the female is dancing while rubbing her vagina and breasts. About halfway through the video the female lays down on the bed and starts to masturbate with her fingers. Towards the end of the video the female starts licking her fingers while masturbating. The female appears to be between the ages 14 to 16 years old. | 16 October 2019 at 11.28am (UTC+0) |
41. The offender obtained the following five images categorised as child abuse material:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts a female sitting on a chair. The female is wearing a white bra and green shirt. The female is removing her green shirt. The female appears to be between the ages 14 to 16 years old. | 18 October 2019 at 8.20am (UTC+0) |
| 2 | The image depicts a female sitting on a chair. The female is wearing a white bra and orange underwear. The image does not show the females face. The female appears to be between the ages 14 to 16 years old. | 18 October 2019 at 8.21am (UTC+0) |
| 3 | The image depicts a female sitting on a chair naked. The female has one hand on her breast and on hand on her vagina. The image does not show the females face. The female appears to be between the ages 14 to 16 years old. | 18 October 2019 at 8.23am (UTC+0) |
| 4 | The image depicts a naked Asian female sitting down with her breasts exposed. Part of the female’s face is hidden. The female appears to between the ages of 12 to 14 years old. | 28 October 2019 at 9.27am (UTC+0) |
| 5 | The image depicts a naked Asian female sitting down with her breasts exposed. The female appears to be the same female as the previous image. | 28 October 2019 at 9.27am (UTC+0) |
CHARGE 6 – Obtain child abuse material outside Australia – “Alona Gainsusara”
42. Between 19 October 2019 and 22 October 2019, the offender communicated via Viber with “Alona Gainsusara”, who identified as being 12 and a half years of age. The offender requested child abuse material from “Alona Gainsusara” “Send me topless pic. I send money today. Or cam with me now. Send topless pic”. He also asks “Alona Gainsusara” to send a photo of her underage friend. “What about you 12 year old friend? Do you have a hot pic of her” and on 22 October 2019, discussed payment of 2000 peso, equivalent to $56AUD.
43. In response, “Alona Gainsusara” sent the offender seven images of child abuse material.
44. The offender obtained the following seven images categorised as child abuse material:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts an Asian female. The female is topless and her breasts are exposed. The top part of the image does not show the females face. The female appears to be between the ages 13 to 16 years old. | 20 October 2019 at 4.37am (UTC+0) |
| 2 | The image depicts an Asian female sitting down leaning back. The female is topless and her breasts are exposed. The female appears to be the same female as in the previous image. The female appears to be between the ages 13 to 16 years old. | 20 October 2019 at 6.54am (UTC+0) |
| 3 | The image depicts an Asian female sitting down. The female is topless and her breasts are exposed. The female appears to be the same female as in the previous image. The female appears to be between the ages 13 to 16 years old. | 22 October 2019 at 8.25am (UTC+0) |
| 4 | The image depicts an Asian female sitting down. The female is topless and she is holding her breasts with her hands. The female appears to be the same female as in the previous image. The female appears to be between the ages 13 to 16 years old. | 22 October 2019 at 8.25am (UTC+0) |
| 5 | The image depicts an Asian female sitting down. The female is topless and one of her breasts is exposed. The female has one of her knees bent and it is covering the other breast. The female appears to be the same female as in the previous image. The female appears to be between the ages 13 to 16 years old. | 22 October 2019 at 8.29am (UTC+0) |
| 6 | (The above image file is of an Asian female sitting down leaning backwards. The female is naked and is covering one of her breasts with her hand. The other breast is exposed and so is her vagina. The female appears to be between the ages 12 to 14 years old. | 22 October 2019 at 9.02am (UTC+0) |
| 7 | (The above image file is of an Asian female sitting down leaning backwards with her legs spread. The female is naked and is covering her vagina with her hand. Both of the female’s breasts are exposed. The female appears to be between the ages 12 to 14 years old. | 22 October 2019 at 9.50am (UTC+0) |
CHARGE 7 – Obtain child abuse material outside Australia – “Esmeralda”
45. On or about 23 October 2019, the offender communicated via WhatsApp with “Esmeralda”, who identified as being 13 years old and from Lapu Lapu City, Philippines. She tells the offender she quit school because she could not afford to go. During these communications the offender obtained two videos of child abuse material. After receiving the second video, the offender stated “Yummy. That is beautiful” and asked for naked photos of Esmeralda’s friend Fiona “Pics of naked Fiona?”. He also asks “what do I get for 1000 Fiona” and is told “2 of us”.
46. The offender also discussed paying Esmeralda 1500 peso, equivalent to $42AUD, stating he would be attending a money exchange and asked for transfer her details. He later stated, “Ok sending now”.9
47. The offender obtained the following two videos categorised as child abuse material:
| Video | Description | Transmission Date/Time |
| 1 | The video depicts an Asian female standing outside exposing her breasts to the camera. The female appears to be between the ages of 14 to 16 years old. | 23 October 2019 at 9.51am (UTC+0) |
| 2 | The video depicts the same Asian female from the previous video. The female is sitting down filming her face and breasts. The female then moves the camera down to her vagina and uses her fingers to open up her vagina. The female appears to be between the ages of 14 to 16 years old. | 23 October 2019 at 2.13pm (UTC+0) |
CHARGE 8 – Aggravated Offence – Involving conduct on 3 or more occasions and 2 or more people
48. Between 30 October 2019 and 17 December 2019, the offender communicated with multiple Kik users on eight separate occasions and obtained a total of 25 images and two videos.
49. During these discussions, the offender requested child abuse material and was an active participant, complimenting the images and praising the other Kik users for sharing their child abuse material including “Just got home from work guys. Love your work” and “Yesssssss! It’s great to wake up to these pics”. The Kik chat discussion and transmission of images and videos is outlined in Annexure A.
9 WhatsApp chats 23 October 2019 at 10:37:56(UTC+0)
50. The offender obtained the following 25 images from the Kik chat group categorised as child abuse material:
| Image | Description | Transmission/Access Date/Time by Kik group/offender |
| 1 | The image depicts a Caucasian female with red hair sitting down naked. The female’s breasts are clearly visible and she is looking away from the camera. The female appears to be between the ages 14 to 16 years old. | 30 October 2019 at 6.51am (UTC+0) |
| 2 | The image depicts a Caucasian female kneeling down in what appears to be pyjamas. The female is lifting up her top to expose her breasts. The female appears to be between the ages 14 to 16 years old. | 30 October 2019 at 6.51am (UTC+0) |
| 3 | The image depicts a Caucasian female standing in a bathroom topless. The female has smiling emoji’s over her nipples. The female has blonde and purple coloured hair. The female appears to be between the ages 14 to 16 years old. | 30 October 2019 at 6.56am (UTC+0) |
| 4 | The image depicts a Caucasian female standing on a bed topless. The female is wearing pink and white coloured underwear and the female is holding a green coloured phone to take the photo. The female appears to be between the ages 14 to 16 years old. | 30 October 2019 at 9.00pm (UTC+0) |
| 5 | The image depicts is of a Caucasian female sitting down while wearing fishnet stockings. The female is sucking on something purple. The female appears to be between the ages 10 to 12 years old. | 31 October 2019 at 4.30am (UTC+0) |
| 6 | The image depicts is of a Caucasian female crouching down naked. The female appears to have an adult penis near her mouth. The female appears to be between the ages 10 to 12 years old. | 31 October 2019 at 4.32am (UTC+0) |
| 7 | The image depicts a Caucasian female laying down on a bed taking a selfie. The female is naked with her breasts and part of her vagina exposed. The female appears to be between 12 to 14 years old. | Between 1 and 2 November 2019 |
| 8 | The image depicts three Caucasian females standing on a beach with their breasts exposed. The females all appear to be between the ages 14 to 16 years old. | Between 1 and 2 November 2019 |
| 9 | The image depicts a collage of six Caucasian females all in various states of undress. One female is fully naked, two are topless exposing their breasts and three are clothed. All of the females are taking selfies. The | Between 1 and 2 November 2019 |
| females all appear to be between the ages 12 to 14 years old. | ||
| 10 | The image depicts a naked Caucasian female. In the image the female’s breasts and part of her vagina are visible. There are two face emoji’s and some blue writing on the picture but the writing is unable to be read. The female appears to be between the ages 12 to 14 years old. | Between 1 and 2 November 2019 |
| 11 | The image depicts a topless Caucasian female. The female is wearing some sort of underwear and is raising her hands above her head. In the image the female’s breasts are clearly visible. The female appears to be between the ages 12 to 14 years old. | Between 1 and 2 November 2019 |
| 12 | The image depicts a naked Caucasian female sitting down while wearing pink socks. The female is looking up at the camera smiling. The female appears to be between the ages 14 to 16 years old. | Between 1 and 2 November 2019 |
| 13 | The image depicts a naked Caucasian female leaning back against a wall. The female has a black coloured phone in her hand and is taking a selfie. In the image one of the female’s breasts is clearly visible. The female appears to be between the ages 14 to 16 years old. | Between 1 and 2 November 2019 |
| 14 | The image depicts a Caucasian female standing up outside of a building. The female is wearing pink coloured underwear and is slightly pulling her underwear down. The female’s breasts are clearly visible. The female appears to be between 14 to 16 years old.) | Between 1 and 2 November 2019 |
| 15 | The image depicts the same Caucasian female from the previous image. The female is completely naked now and she is grabbing both her breasts with both of her hands. | Between 1 and 2 November 2019 |
| 16 | The image depicts the same Caucasian female from the previous image. The female is still covering one of her breasts with a hand but has removed the other hand from the other breast. | Between 1 and 2 November 2019 |
| 17 | The image depicts the same Caucasian female from the previous image. The female has both her arms folded up slightly covering her breasts. The female has one of her fingers on her bottom lip. | Between 1 and 2 November 2019 |
| 18 | The image depicts a naked Caucasian female sitting down, wearing dark coloured socks. In the image the female’s breasts are clearly visible. The female appears to be between the ages 14 to 16 years old. | 2 November 2019 at 3.29am (UTC+0) |
| 19 | The image depicts the same Caucasian female from the previous image. The female’s underwear is bunched up around her knees. The female’s breasts are clearly | 2 November 2019 at 3.29am (UTC+0) |
| visible and part of her vagina is as well. The image file was transmitted to the Accused on | ||
| 20 | The image depicts a naked Caucasian female standing up with her breasts and vagina clearly visible. The female is taking a selfie with a black coloured phone. The female appears to be between the ages 14 to 16 years old. | 3 November 2019 at 1.30am (UTC+0) |
| 21 | The image file depicts a naked Caucasian female laying face down on a bed. In the image one of the female’s breasts and buttocks are visible and the female is smiling at the camera. The female appears to be between the ages 14 to 16 years old. | 5 November 2019 at 12.35am (UTC+0) |
| 22 | The image file depicts a naked Caucasian female standing up taking a selfie in a mirror. In the image the female’s breasts and vagina are clearly visible. The female has a black coloured top bunched up over her breasts. The female appears to be between the ages 14 to 16 years old. | 7 November 2019 at 3.05pm (UTC+0) |
| 23 | The image depicts a Caucasian female taking a selfie in a mirror. The female is lifting up a grey coloured top exposing one of her breasts. The female appears to be between the ages 14 to 16 years old. | 11 November 2019 at 2.40am (UTC+0) |
| 24 | The image depicts a Caucasian female taking a selfie in a mirror. The female is lifting up a grey coloured top exposing one of her breasts. The female appears to be between the ages 14 to 16 years old | 17 November 2019 at 9.30am (UTC+0) |
| 25 | The image depicts a female on her hands and knees. The female’s breasts, vagina and anus are clearly visible. The photo was taken from behind the female. The female appears to be between the ages 12 to 14 years old. | 28 November 2019 at 3.29am (UTC+0) |
51. The accused obtained the following two videos from the Kik chat group categorised as child abuse material:
| Video | Description | Transmission Date/Time |
| 1 | The video file depicts a Caucasian female wearing a purple thong. The female proceeds to strip to music and dance to the music. The female appears to be between the ages 13 to 16 years old. | 17 December 2019 at 1.00am (UTC+0) |
| 2 | The video file depicts a Caucasian female laying on her back while wearing a pink coloured bra and blue underwear. The female proceeds to lick her lips and lick one of her nipples. The female then pulls aside her underwear and rub her | 17 December 2019 at 8.58am (UTC+0) |
| vagina with her fingers. The female appears to be between the ages 13 to 16 years old. |
52. Pursuant to section 16BA of the Crimes Act 1914 (Cth), the plea of guilty to charge 8 also involves the scheduling of one charge of obtaining child pornography outside Australia contrary to s.273.5(1).10 See Section 16BA Crimes Act 1914 (Cth) Certificate Item 2.
53. The scheduled charge involved the offender on 28 May 2019, obtaining the following three images categorised as child pornography material from
“dirtyjim2019 Jim B”:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts a Caucasian female laying face down naked. The female is wearing fishnet stockings and is posed in a sexually suggestive manner. The female appears to be between the ages of 8 to 12 years old.) This image file was transmitted to the Accused on | 28 May 2019 at 3.43pm (UTC+0) |
| 2 | The image depicts a Caucasian female posing on her hands and knees. The female is wearing a pink scarf, pink high heel shoes, brown coloured tights that are bunched up around her ankles, pink coloured hair and is posed in a sexually suggestive manner. The female appears to be between the ages of 8 to 12 years old. | 28 May 2019 at 3.54pm (UTC+0) |
| 3 | The image is a split image file and depicts a Caucasian female in both images. The image on the left shows the female in a blue coloured patterned dress with no sleeves. The image on the right is of the same female but this time the female is holding her dress up, exposing her vagina. In both images the female has long blonde hair and is standing in front of what appears to be an off white coloured timber wall. The female appears to be between the ages of 6 to 8 years old. | 28 May 2019 at 3.56pm (UTC+0) |
CHARGE 9 – Use a carriage service to distribute child abuse material outside Australia
54. Between 2 and 16 November 2019, the offender communicated via a Kik group chat. During these communications the offender distributed four images categorised as child abuse material. This included three images to
“SendMeNakiePixPlz ask for my stars/telegraph user” and one image to “Miyagi03 Miyagi 03”.
10 This scheduled offence relates to pre-21 September 2019 legislation. On 21 September 2019 the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cth) repealed the definition of “child pornography” and replaced it with “child abuse material”.
55. On 2 November 2019, the offender had the following Kik chat discussion: andyrastis Do you have any particular kinky side? SendMeNakiePixPlz I like tan lines, cumshots, and piss play SendMeNakiePixPlz Hbu
andyrastisI like young, group, shemale, piss play and risky location sex
SendMeNakiePixPlz Those are nice too. But young is pretty risky business
no
andyrastis Yes
SendMeNakiePixPlz Hard to obtain
andyrastis Yes
SendMeNakiePixPlz That sucks
andyrastis Need to find some discreet means
andyrastis You enjoy young teen girls?
SendMeNakiePixPlz Out of luck here
andyrastis Lol. That’s cool
SendMeNakiePixPlz Yes
SendMeNakiePixPlz I do lol I can only assume you do yeah Andyrastis Oh yes
andyrastis 13 up
SendMeNakiePixPlz Nice
SendMeNakiePixPlz If u have some I can trade other stuff since i dont
have, for some can I see?
SendMeNakiePixPlz Oh lol
SendMeNakiePixPlz Show me a young pic I will show u a shemale? Always
wanted to see
Andyrastis Ok
Andyrastis When I get home
Andyrastis Image 1 sent
Andyrastis Image 2 sent
Andyrastis Nice. Any of your favorite girls?
SendMeNakiePixPlz What?
andyrastis Do you have any pics of your favorite girls
SendMeNakiePixPlz Girl or like tgirl
Andyrastis Girl
AndyrastisOr even you. But you would be kept 100% confidential
SendMeNakiePixPlz Any girl covered in a cumshot load is my favorite girl
so I'm not picky
SendMeNakiePixPlz Hbu
Andyrastis Love this pic
SendMeNakiePixPlz Yeah I masturbate often with it
andyrastisI love watching a girl masterbate. Not the bullshit you see on cam sites. But normal women/ girls stroking
SendMeNakiePixPlz Yeah that is quite sexy
Andyrastis I love camming with a girl and master bating together SendMeNakiePixPlz I have never ever done that
andyrastis Really??
Andyrastis It’s pretty hot!
SendMeNakiePixPlz Yeah really
SendMeNakiePixPlz Lol
andyrastis I’m lucky. I live alone
SendMeNakiePixPlz Sounds expensive to do plus I don't have webcam lol andyrastis Can do with phone
SendMeNakiePixPlz Those girls clay a lot no? andyrastis No. Free
SendMeNakiePixPlz Ooh where
Andyrastis Just friends
SendMeNakiePixPlz Oh i see
SendMeNakiePixPlz Mmmm nice
andyrastis This friend from Dominican Republic SendMeNakiePixPlz She is nice and thick
andyrastis Yes
andyrastis I like thick
SendMeNakiePixPlz Mmm me too
andyrastis Yummy
SendMeNakiePixPlz You like this one
Andyrastis Yes
andyrastis Yummy
SendMeNakiePixPlz Show me more
andyrastis More of what
andyrastis Me or girls
andyrastis Image 3 sent
andyrastis Yummy
andyrastis I love this girl
andyrastis Do you know her?
SendMeNakiePixPlz I wish
Andyrastis Lol
andyrastisDo you have Skype? I can send you pics from my computer then
SendMeNakiePixPlz I do not unfortunately
Andyrastis Good morning. Do you have any other social media?
Viber, whatsapp WeChat?
Miyagi03 Miyagi 03 I’d like to be included on the new group
Andyrastis Ok
Andyrastis Added you
Miyagi03 Miyagi 03 Thanks
Miyagi03 Miyagi 03 I’m working to earn my keep
Andyrastis Cool
Miyagi03 Miyagi 03 I’m down with keeping the questionable stuff on PM.
Do you have OC teen girl content for trading?
andyrastis OC?
Miyagi03 Miyagi 03 Original content
Andyrastis Ok
Andyrastis Yes. Some
Miyagi03 Miyagi 03 Such as?
andyrastis Image 4 sent
56. The offender sent the following four images categorised as child abuse material:
| Image | Description | Transmission Date/Time |
| 1 | The image file depicts an Asian female sitting down while naked. One of her hands is touching her vagina. The female appears to be between the ages of 12 to 14 years old. The image does not show the female’s face. | 2 November 2019 at 5.19am (UTC+0) |
| 2 | The image file depicts an Asian female standing up exposing her breasts. The female is wearing a pink coloured top and cream coloured shorts. The female appears to be between the ages of 14 to 16 years old. | 2 November 2019 at 5.19am (UTC+0) |
| 3 | The image file depicts an Asian female standing up with her hands on her hips while naked. The female appears to be between the ages of 14 to 16 years old. | 2 November 2019 at 6.31am (UTC+0) |
| 4 | The image file depicts a naked female standing with her arms by her sides. The female appears to be between the ages of 12 to 14 years old. The image does not show the female’s face. | 16 November 2019 at 2.34am |
CHARGE 10 – Obtain child abuse material outside Australia “Dalagang Filipina”
57. Between 5 November 2019 and 16 November 2019, the offender engaged in
WhatsApp communications with “Dalagang Filipina”, who identified as being 13 years old. During these communications, the offender obtained six images and two videos of child abuse material. On 6 November 2019, there was also discussions of a money transfer of between 1000 and 1300 peso, equivalent of between $28 and
$37AUD.
58. Below is the following WhatsApp exchange: Andy G Can I see your pic please? Andy G Wow. You are very pretty DF dalagang filipina
Andy G I love Filipina. Your age? DF 13
Andy G No wonder you are so cute. Where did you get my number?
DFJust here in this phone my older sister accept it from her classmate pawned to her
Andy G You have boy friend?
DF no
Andy G Lovely
Andy G Did you go to school today? DF Yes
DF im validictorian
Andy G Wow
Andy G When is your school break? Andy G What grade are you in?
DF grade8
Andy G Ok. That’s good
Andy GTo be valedictorian at grade 8 is excellent preparation for your middle school and high school
DF thsnkyou
Andy G Welcome
Andy G I wish you luck with your studies Andy G What career are you looking at? DF what is carrer?
Andy G What do you want to do when you finish schooling? DF call center
Andy G
DF im hot sexy fevahhhhr
Andy G Really?
Andy G Good morning
DF morning
Andy G Still got the hot sexy fever?? DF yeah &*
Andy G Nice
Andy G And????
Andy G What do you do when you have this fever? DF im sizzling j88hot
Andy G q Great
Andy G Do you have someone there to help you? DF No one help
Andy G Oh dear. That is a bit sad
Andy GA hot sexy 13 year old beautiful girl feeling hot and sexy with no one to help her
DF im haveing hot fe"v@aaah
Andy G Still?
Andy G Love to see you with the Fe”v@aaah Andy G I imagine you would look really HOT Andy G Province girls tight and pretty?
DF ofcourse evwn brow complexion
Andy G Sounds very nice
Andy G And you are a horny 13 year old provincial Filipina DF Image 1 sent
DF yea im juicy
Andy GReally? You playing with your pussy now on your own or do you have a friend who helps you get juicy?
Andy G I have to admit I find your whole attitude sexy DF what ?
Andy G You are a very sexy girl
DFif i send you more sexy and go to no clothers how can u barter you biy me underwear and two piece
are u bisy now
Andy G I can probably do that Andy G I am still at work though
DF why u like to spy my pussy? Andy G Because you are sexy girl
59. The offender obtained the following six images categorised as child abuse material:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts an Asian female sitting down naked with her breasts and vagina exposed. The female appears to be between the ages 14 to 16 years old. | 6 November 2019 at 3.42pm (UTC+0) |
| 2 | The image depicts an Asian female standing side on to the camera with one of her hands on her head. The female is completely naked and is exposing the side of one of her breasts. The female appears to be between the ages 14 to 16 years old. | 8 November 2019 at 8.15am (UTC+0) |
| 3 | The image depicts the same Asian female in the previous image. The female is standing front on to the camera with her leg raised. One of the female’s breasts is fully exposed while the other is hidden behind her hair. One of the female’s hands is covering her vagina. The female appears to be between the ages 14 to 16 years old. | 8 November 2019 at 8.15am (UTC+0) |
| 4 | The image depicts an Asian female sitting down with her breasts exposed. The female is wearing a blue coloured skirt with a floral design. The female appears to be between the ages 14 to 16 years old. | 8 November 2019 at 8.16am (UTC+0) |
| 5 | The image depicts an Asian female. The female is standing front on to the camera with both of her breasts exposed. The image does not show anything below her waist. The female appears to be between the ages 14 to 16 years old. | 16 November 2019 at 5.34am (UTC+0) |
| 6 | The image depicts an Asian female laying back on a bed. The female is naked and taking a selfie from overhead. In the image you can see the female’s breasts and vagina, but not her eyes. The female appears to be between the ages 14 to 16 years old. | 16 November 2019 at 8.44pm (UTC+0) |
60. After receiving the last image, the offender said “I love this. More please”.
61. The offender obtained the following two videos categorised as child abuse material:
| Video | Description | Transmission Date/Time |
| 1 | The video depicts an Asian female dancing while partially removing her underwear and lifting up her top to show her bra. The female appears to be between the ages of 14 to 16 years old. | 6 November 2019 at 7.36am (UTC+0) |
| 2 | The video depicts an Asian female laying on her back rubbing her exposed breasts. The female is wearing a black coloured top and grey coloured underwear. The female appears to be between the ages 14 to 16 years old. | 7 November 2019 at 9.33am (UTC+0) |
Charge 11 - Obtain child abuse material outside Australia – “Mia Meh”
62. Between 7 November 2019 and 8 November 2019, communicated via Line
Messenger with “Mia Meh” who identified as being 12 years old. During these communications, the offender obtained eight child abuse images. When “Mia Meh” comments on the small size of her breasts the offender replies “I love them. You
look gorgeous”. A money transfer of 1800 peso was also discussed.
63. The offender obtained the following eight images categorised as child abuse material:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts an Asian female naked taking a selfie. The female is exposed showing her breasts but the photo does not show anything below her waist. The female appears to be between the ages of 14 to 16 years old. | 7 November 2019 at 7.59am (UTC+0) |
| 2 | The image depicts an Asian female naked in a shower. The female is fully exposed showing her breasts and vagina. The female appears to be between the ages of 12 to 14 years old. | 7 November 2019 at 8.21am (UTC+0) |
| 3 | The image depicts the same Asian female in the image above, naked in a shower. The female is fully exposed showing her breasts and vagina. | 7 November 2019 at 8.23am (UTC+0) |
| 4 | The image depicts the same Asian female. The female is fully exposed showing her breasts and vagina and raising one arm up. | 7 November 2019 at 8.46am (UTC+0) |
| 5 | The image depicts the same Asian female in the image above. The female is fully exposed showing her breasts and vagina. | 7 November 2019 at 8.50am (UTC+0) |
| 6 | The image depicts an Asian female laying on a bed in a sexual pose. The female is wearing pink coloured underwear and is laying on her side exposing one breast. The female appears to be between the ages of 12 to 14 years of age. | 8 November 2019 at 6.12am (UTC+0) |
| 7 | The image depicts the same Asian female in the image above. The image is the same as the one above but has been cropped in and focused more on the female | 8 November 2019 at 6.15am (UTC+0) |
| 8 | The image depicts the same Asian female in the image above. In this image the female is laying on her back, fully exposed showing her breasts and vagina. | 8 November 2019 at 6.16am (UTC+0) |
Charge 12 - Obtain child abuse material outside Australia – “Kat”
64. Between 30 November 2019 and 1 December 2019, the offender communicated via Online Messenger with “Kat” who identified as being 12 years old and from the Philippines. During these communications the offender obtained six images classified as child abuse material. The offender transferred 1500 peso to “Kat”11
65. During the chat discussions the offender stated “I love 12-year-old girls. Lol” and when Kat asks where he is, he tells her that he is at work. After receiving the final image the offender says “Yummy. Love your pics”.
66. The offender received the following six images categorised as child abuse material:
| Image | Description | Transmission Date/Time |
| 1 | The image depicts an Asian female laying on her back with her breasts exposed. The female appears to be between the ages 12 to 14 years old. | 30 November 2019 at 1.11am (UTC+0) |
| 2 | The image depicts the same Asian female in the image above, laying on her back naked with her legs spread apart. The female appears to be the same female as in the above image. | 30 November 2019 at 1.21am (UTC+0) |
| 3 | The image depicts the same Asian female in the images above, laying on her back naked with her legs spread apart. The female appears to be the same female as in the image above. | 1 December 2019 at 3.50am (UTC+0) |
| 4 | The image depicts an Asian female, laying on her back with her breasts exposed. There is a white coloured sheet covering the lower half of her body. The female appears to be between the ages 12 to 14 years old. | 1 December 2019 at 5.31am (UTC+0) |
| 5 | The image depicts an Asian female, laying on her back naked with her legs spread apart and wearing a black coloured top. The female appears to be between the ages 14 to 16 years old. | 1 December 2019 at 3.53am (UTC+0) |
| 6 | The file image depicts the same Asian female in the images above, laying on her back naked with her legs spread apart. | 1 December 2019 at 3.53am (UTC+0) |
Charge 13 – Possession of child abuse material
67. In addition to the above 102 images and 12 videos, forensic analysis of the offender’s phone located an additional six images and nine videos that could not be identified from any of the social media chat groups. The images and videos were all
11 Image of remittance from the offender to Baby Lavides using the details sent by Kat sent on 30 November 2019 at 4:11am
classified as child abuse material. The possession charge encompasses a total of 108 images and 21 videos that the offender has retained on his phone.
68. The offender’s phone had saved within it the following six images categorised as child abuse material:
| Image | Description |
| 1 | The image file depicts a Caucasian female laying back on a bed naked. The female is taking a selfie with a phone. The female has blue coloured tips in her hair and has her legs bent and spread exposing her vagina and her breasts. The female appears to be between 14 to 16 years old. |
| 2 | The image file depicts a Caucasian female laying back while using her hands to open her vagina. In the image the female has her legs spread apart and her vagina and breasts are visible. The female appears to be between 14 to 16 years old. |
| 3 | The image file depicts two Caucasian females standing naked while making a peace sign with their hands. One of the females is partially obscured by the photo and only one of her breasts is visible. The other female is clearly visible and both of her breasts and vagina are visible. Both of the females appear to be between 12 to 14 years old. |
| 4 | The image file depicts an Asian female. The female has one hand raised on her head and both of her breasts are visible. The female is wearing white coloured underwear and appears to be between 14 to 16 years old. |
| 5 | The image file depicts a Caucasian female. The female is reaching inside the unzipped pants of an unknown person. The female appears to be naked and is smiling at the unknown person. The female appears to be between 8 to 10 years old. |
| 6 | The image file depicts a naked female standing with her arms by her sides. The female appears to be between the ages of 12 to 14 years old. The image does not show the females face. |
69. The offender phone contained the following nine videos categorised as child abuse material:
| Video | Description |
| 1 | The video file depicts an Asian female in a blue t-shirt. The female turns around on her hands and knees and shows her buttocks. The female then moves to camera to clearly show her vagina and anus. The female then removes her t- shirt and bra and proceeds to shake her buttocks at the camera. The female then sits on a bed and begins to touch her vagina before standing up and shaking her buttocks at the camera again. The female appears to be between 12 to 14 years old. |
| 2 | The video file depicts an Asian female. The female has her legs bent and is rubbing and touching her vagina. The female smiles at the camera before rubbing her vagina again. The female has braces and what appears to be black coloured underwear. The female appears to be 14 to 16 years old. |
| 3 | The video file depicts an Asian female in a bedroom. The female is naked and begins by sucking on her fingers before turning around and exposing her vagina and anus to the camera. The female then starts shaking her buttocks at the camera and dancing. The female appears to be reading something near the camera in between dancing. The female appears to be between the ages 12 to 14 years old and is the same female from the previous video file. |
| 4 | The video file depicts an Asian female. The female is wearing glasses, a t-shirt that says “I’m 100%” and dark coloured pants. The female removes her t-shirt exposing her breasts and her pants. The female reveals red underwear which she also removes. The female is now naked and picks up the camera and starts dancing while touching her breasts. The female appears to be 12 to 14 years old. |
| 5 | The video file depicts an Asian female wearing only green underwear. The female removes her underwear. The female sits down on a bed and begins to pull apart her vagina with her hands. The female then gets on her hands and knees with her buttocks facing the camera clearly exposing her vagina and anus to the camera. The female then begins to rub her vagina and appears to be masturbating. The female then rolls over onto her back and continues to rub her vagina. The female also inserts fingers into her vagina while masturbating. The female appears to be 14 to 16 years old. |
| 6 | The above video file is the same video as the previous video described file 3cfb0402-bade-4be0-9083-432f22dfbf90.mp4. |
| 7 | The video file depicts an Asian female wearing pink shorts and a pink and orange bra. The female removes her shorts, underwear and bra and begins to rub her vagina. The female then stands up and begins to rub her breasts. The female sets the camera down and gets on her hands and knees facing away from the camera. The female appears to be between the ages 14 to 16 years old. |
| 8 | The above video file is the same video as the previous video described, file 0c0f77a9-7245-49b3-99cb-e7e0e8be6e17.mp4. |
| 9 | The video file depicts an Asian female topless. The female’s breasts are visible and near the end of the video she sticks her tongue out to the camera. The female appears to be 14 to 16 years old. |
RECORD OF INTERVIEW
70. On 19 December 2019 the offender participated in a record of interview and made the following admissions:
(a)The offender is a former teacher at various Australian schools, including Essendon Grammar, Altona College and Scotch College (Q/A 74);
(b)Prior to his Singapore School Principal position, he was the principal of a kindergarten and primary school (Q/A 71);
(c)He communicates with many different people across many different social medial platforms eg. Tagged, Facebook or Messenger (Q/A 108-111);
(d)He believes twin sisters “Jess” and “Giselle” have given out his number and that’s why he’s had “unsolicited approaches from people sending him stuff” and “asking for money” (Q/A 115-121);
(e)“I said to the Customs guy. I started feeling like I was getting set up for a scam” (Q/A 136) and there’s been a real “spate” of contact recently and “I have this feeling that I’m being set up for something” (Q/A 176 and 200);
(f)He has sent money via money remitters to a number of people in the Philippines
for their “education” and “food” (Q/A 148-156);
(g)Sometimes these individuals will send him naked pictures after he sends them money (Q/A168-169);
(h)He claims the age of the girls must be over 18 years as they can’t otherwise
collect the money from the transfer (Q/A 170);
(i)He did not knowingly receive images of underage girls and that he asks their age (Q/A 171);
(j)The girls often send photos before any transfer of money (Q/A 198);
(k)He states he was just “bullshitting” when in chats he said he “11-14-year olds are
his favourites” (Q/A 361 and 366);
(l)He does not believe the images sent to him were of children, but admits they were under 18 years;
(m)He has been sent child exploitation material on multiple occasions;
(n)His KiK account username “andyrastis”; and
(o)He resides in Ringwood with his wife and daughter twice a year.
PLEA OF GUILTY
71. The offender entered a plea of guilty at a further committal mention on 28 August 2020.
PRIOR CONVICTIONS
72. The offender has no prior convictions.
PRE-SENTENCE DETENTION
73. There is no pre-sentence detention in this matter.
SEX OFFENDERS REGISTRATION
74. The offender has pleaded guilty to 12 Class 2 offences12 of the Sex Offender Registration Act 2004 (Vic). Pursuant to section 34(1)(c)(iii) of the Act, the offender is required to comply with the reporting obligations for the remainder of his life.
ANXILLARY ORDERS
75. Forfeiture is sought in respect of the offender’s black coloured Apple iPhone 8.
Commonwealth Director of Public Prosecutions 30 November 2020
12 Sex Offenders Registration Act 2004 (Vic) s 7, Schedule 2 s28AB(v) – s273.5(1) Criminal Code, Schedule 2 s28AB(v) – s273.6(1) Criminal Code clause, Schedule 2 s28A – s474.22 Criminal Code and Schedule 2 s28AB s273.7 Criminal Code. S474.22A possession of child abuse material is not a Class 1 or 2 offence. Upon a finding of guilty, pursuant to s11(3) the court may make an order if it is satisfied that the person poses a risk to the sexual safety of one or more persons or of the community. s 11(4) stipulates that It is not necessary that the court be able to identify a risk to particular people, or a particular class of people.
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