CDirector of Public Prosecutions v JM (a pseudonym)
[2025] VCC 138
•19 February 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JACKSON MEEKS (‘JM’) (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE DOYLE | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 10 and 19 January 2025 | |
DATE OF SENTENCE: | 19 February 2025 | |
CASE MAY BE CITED AS: | CDPP v JM (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 138 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Plea of guilty to one charge of using a carriage service to transmit child abuse material - Significant delay of 4 years – 19 years old at the time of the offences- Weight to be attached to offender’s poor physical and mental health – no prior convictions- Whether ‘exceptional circumstances’ exist to avoid immediate of imprisonment.
Legislation Cited: Commonwealth Criminal Code; Crimes Act 1914 (Cth); Sex Offenders Registration Act 2004 (Vic); Sentencing Act 1991 (Vic).
Cases Cited:---
Sentence: 9 months’ imprisonment to be released immediately on own recognisance of good behaviour for 18 months with conditions.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP (Cth) | Mr N Barron | Commonwealth Director of Public Prosecutions |
| For the Accused | Mr A Lewis and Mr S Kelly | Stary Norton Halphen |
HIS HONOUR:
1Jackson Meeks (“JM”),[1] you have pleaded guilty to one charge of using a carriage service to transmit child abuse material under the Commonwealth Criminal Code. This offence has a maximum penalty of 15 years’ imprisonment.
[1] A pseudonym.
2The facts of this matter are set out in the Prosecution Opening which was tendered as an exhibit on the plea and which I will summarise.
3The offending occurred when you were 19 years old in September 2021.
4On 9 and 10 September 2021, Discord Incorporated (“Discord”) notified the National Centre for Missing and Exploited Children (“NCMEC”) that child abuse material (“CAM’) had been uploaded onto the Discord platform. The notification was passed on to the Australian Centre to Counter Child Exploitation, which in turn passed the notification on to Victoria Police.
5Investigations revealed that your residence was the location of the offending. On 27 January 2022, police executed a search warrant at your home. You were at home, as were your family.
6Police spoke to your father and older brother and then interviewed you. Your Apple iPhone was seized and examined. The Discord application had been installed. Discord is a free communication application allowing instant messaging by text, media, voice and video calls. Your bedroom was searched, and two MacBook laptops and a hard drive were seized.
7On 7 February 2022, police requested evidence from Discord, which is based in the United States. The mutual assistance request took years to process and it was not until 14 May 2024, police received material from Discord. On 27 May 2024, you were charged by summons.
8The offending involves 23 CAM files your transmitted between 9 and 10 September 2021, using three different Discord accounts. On 9 September 2021, you uploaded 19 CAM files onto the Discord platform. On 10 September 2021, you uploaded four CAM files onto the Discord platform.
9Descriptions of a sample of the CAM transmitted by you include:
(a) naked prepubescent girls aged approximately between six and twelve years old in modelling poses with their legs spread exposing their vaginas and anus; and involved in sexual acts with each other; and being penetrated by adult males vaginally, so penile/vaginal, and being ejaculated on;
(b) a naked girl approximately eight years old lying on her back performing oral sex on another naked girl of a similar age;
(c) two naked girls, approximately six and ten years old, lying on their back holding their knees to spread their legs apart to expose their vaginas and anuses.
10Forensic analysis of your iPhone and MacBook laptops identified that you were a member of Telegram group chats that discussed accessing CAM on different platforms. It is not known what level of participation you had in those chat groups. Further, your computer contained a link to the Dark Web which can be used to access illegal content, including CAM.
11Analysis of your Gmail account revealed you were blocked from Discord following the offending on 9 September 2021 and you tried to regain access with a false explanation about the material you had uploaded.
12When you were interviewed you gave a largely no comment interview, but you did tell the police the password to your mobile device after being served with a 3LA order which compelled you to provide that information. You said you could not tell police anything about the CAM uploaded on Discord on 9 and 10 September 2021 and there was nothing else you could tell the police that might help their investigation. You said you let friends and strangers use your phone; and you used a VPN because it is safer. When police said to you that it was difficult to comprehend how you were not involved in the offending given the email address and username similarities, you said “that’s a fair enough assumption to make”.
13You have no criminal history. You pleaded guilty to these matters at the second committal mention hearing on a straight hand-up brief. I regard this as the earliest opportunity at which you could have pleaded guilty. Your plea of guilty has significant utilitarian value. You have saved the police, the prosecution and the Court the use of the resources required for a trial. Your plea of guilty is consistent with a willingness to facilitate the course of justice and indicative of remorse.
Personal circumstances
14You are the third of five children in your family. You were born with a club foot. At a young age, you had multiple major surgeries. The rehabilitation from those surgeries was complex and lengthy.
15The surgeries affected your physical development. You needed orthotics, leg splints and you had to use crutches. You were not able to participate in sporting activities. This was difficult for you and was the source of frustration. Your last operation was when you were 15 years old. You describe your condition as having gradually improved.
16From the age of 16, you had significant issues with fatigue, physical weakness and nausea. You were diagnosed with chronic fatigue syndrome. You were trialled on various medications. Your condition improved, but you continued to experience some symptoms of lethargy and tiredness.
17You describe your family as always having been caring and supportive, particularly in relation to your health issues.
18Your parents had high expectations for your academic performance. You were a very good student. However, your VCE years were affected by physical and mental health issues, and you found it hard to concentrate. You also felt the pressure of high expectations. Nonetheless, you obtained very high ATAR score.
19You have had some casual jobs, including working at IGA and working as a tutor. Your mental and physical health issues have affected your ability to sustain employment. You recently completed a degree at Melbourne University. You are aiming to establish a career in software development.
20You report that your medical conditions have significantly affected your psychosocial development. You had quite limited contact with female peers and your understanding of relationships and sexual intimacy was accordingly slow to develop. You had a six-month non-sexual relationship with a woman when you were 19 years old, which you ended because you did not see the relationship progressing. You then had a sexual relationship which lasted for about six months. You also ended that relationship. You describe your chronic fatigue syndrome as affecting that relationship.
21You have been in a relationship with another woman since April 2023. You describe that as a very loving relationship which you believe has long-term potential. You are concerned about the impact of this matter on the future of your relationship.
22You have regularly looked at pornography since your mid-teens. You have viewed mainstream heterosexual content weekly. Your use of pornography increased during the COVID-19 lockdowns when you struggled with depression and loneliness. You describe progressing from mainstream heterosexual content to material relating to children. You admit engaging in sex chat on the internet. You said you were initially curious about CAM, and you report being part of a group on Discord which had resolved to report any websites with CAM to the authorities. However, you began viewing CAM and sent it on to other users on two occasions.
23You have reduced your pornography use since you were charged. You still view mainstream adult sexual material weekly. You would be well advised to stop looking at pornography given it was the gateway to your involvement with CAM.
24You do not have any issues with alcohol or drugs that are relevant to sentencing.
25You have a long history of emotional disturbance related to your medical problems. You have had persistent depression, anxiety and at times, suicidal ideation. Your physical disabilities have caused you social isolation which has reinforced your feelings of depression and inadequacy.
26One of your siblings, your sister, has also had mental health issues.
27You saw a psychologist, Dr Jenny McKay, during 2020 and 2022. You were prescribed Lexapro and you still take that drug at a reduced level. After being charged you had periods of suicidal ideation.
28After being charged with this offence, you had periods of suicidal ideation, but you have not made any attempts at self-harm.
29You saw a psychologist, Mr Kyle Miller, for psychological treatment in 2024, with a focus on offence-specific interventions combined with support counselling. You have found this treatment to be helpful and your moods have stabilised.
30Your mental health issues are largely in reaction to the seriousness of the charges in this case. You have experienced feelings of apprehension, shame and regret. You ruminate about your prospects because of the gravity of these charges. You are concerned about the flow-on effects to your family.
31In the psychological report of Dr Mathew Barth, which was tendered as an exhibit, he said that in relation to your sexual adjustment, you indicated an orientation towards adult women. You were adamant you had never participated in sexual contact with children. Dr Barth said that, in viewing the CAM, you “attributed a precocious sexuality to the girls depicted in the images”. He described this as the basis of cognitive distortions about the children in the images leading to deviant sexual arousal patterns. This points to dysfunctional elements in your sexuality.
32Dr Barth has consulted with Mr Miller, who has been treating you. Dr Barth writes that you have found the treatment process to be challenging and that at times, your engagement has been superficial. Nonetheless, you have made progress towards improvement. You have developed some understanding of the noxious impacts of CAM, and you have developed a relapse prevention plan. You have also worked on stress management and coping skills.
33Your treatment remains at an early stage, and it is the view of Dr Barth that you should continue participating in specialist sex offender treatment and psychological treatment for some time. He regards this as the most important factor in reducing your risk of reoffending.
34References from your father and mother were tendered. They describe your positive characteristics and the difficulties you experienced with your health issues and other challenges you have faced in your life. Your family will continue to support you.
35Documents from Mr Miller, the psychologist who has been treating you, were tendered. Mr Miller says that a prison sentence would disrupt your treatment and interrupt the therapeutic relationship that you have established with him. He describes the therapeutic alliance as fragile and says that it is important you continue to build on the progress you have made. He says that any treatment in custody would be group treatment which would limit your progress given you remain guarded and reserved.
36He says that given your experience of suicidal ideation and rumination, publicity of your offending would lead to an elevated risk of distress and suicide due to feelings of shame in the context of a history of depression and limited emotional regulation skills.
Sentencing principles
37The seriousness of the offence you have committed is reflected in the maximum penalty of 15 years’ imprisonment. The sentencing principles in relation CAM offences are well established and include:
(a) such offending is international and difficult to detect;
(b) possession of much such material feeds the market for the exploitation of children;
(c) it is not a victimless crime, actual children were offended against to create the material;
(d) the paramount public interest is in promoting the protection of children;
(e) general deterrence is the most significant sentencing consideration;
(f) good character is given less weight in such offences;
(g) usually, a sentence of immediate imprisonment is imposed.
38The objective seriousness of such offending is determined by:
(a) the nature and content of the material, the age of the children and the gravity of the sexual activity shown;
(b) the number of items or images possessed whether the material was for sale or further distribution;
(c) whether the offender was to profit from the offending;
(d) the number of children shown and thereby victimised;
(e) the length of time over which the material was possessed.
The offending
39In this case, there are aspects of the offending which are objectively serious. In your case, the offending involves transmitting the material and uploading it onto Discord where it was able to be accessed and possessed by others interested in such material. You were fuelling the interest in this type of material.
40The charge is a rolled-up charge that relates to a relatively small number of images. Your ability to continue transmitting the material was curtailed by Discord’s termination of your access to the platform. In fact, you sought to be reinstated on the platform.
41The images were graphic and depraved showing prepubescent children engaged in sexual acts with other children and penetrative acts with an adult man.
42Three different Discord accounts were used. You used multiple devices, and you participated in discussions in relation to the trade in CAM.
43You used pseudonyms on Discord which concealed your behaviour.
44The motivation for your offending was sexual gratification.
45On the other hand, the number of images involved was comparatively small and the offending occurred over a relatively confined period.
46I accept you feel remorse for the offending which you have expressed to your family and to the assessing psychologists. However, I also accept that some of the anguish you feel has related to facing such serious charges and the potential consequences of the offending.
47Additionally, I take into account that you did provide passwords to your electronic devices when compelled to do so. This is not a matter of great significance.
48Specific deterrence is an important consideration although reduced in your case because you have no criminal history.
49I accept that in your case, your age at the time of the offending is a significant sentencing factor. You were just 19 years old. You are still a young person. Furthermore, you have no prior convictions. Additionally, you are undoubtedly a person that has faced considerable challenges in your life: some of which are not unrelated to the context of this offending. Your youth is an important sentencing factor and in accordance with the sentencing authorities, rehabilitation must be given prominence.
50I accept that you have engaged in voluntary treatment in this case and that having regard to the matters referred to the psychological reports, you have good prospects of rehabilitation. You are intelligent, you have family support, and you seem to have the resources to engage in ongoing treatment.
51Delay is also a significant matter in sentencing in this case. You were just 19 years old at the time of this offence and four years have gone by since you were first detected. The bulk of this delay was the time which it took for Discord to provide the evidence to police. That is clearly not your fault. In this matter, you have had these very serious charges hanging over your head for an extended period, knowing that you faced a possible sentence of imprisonment. Furthermore, in that time, you have not reoffended and have been able to display a level of rehabilitation to which I have referred.
52Your counsel, Mr Lewis, submitted that a Community Corrections Order sufficiently addresses the more punitive of the applicable sentencing principles or alternatively, if I determine the only available sentence in this case is a sentence of imprisonment, I should release you immediately on a recognisance of good behaviour with conditions.
53In sentencing for a Commonwealth child sex offence, if I am satisfied you should be sentenced to a period of imprisonment with release on recognisance, I must impose a sentence including a period of actual imprisonment unless I am satisfied exceptional circumstances exist.
54Mr Lewis relied on similar factors in support of both submissions. Those factors are:
(a) that the objective gravity of the offence falls into the lower end of the spectrum of such offences;
(b) your youth;
(c) the delay in prosecuting this matter;
(d) your voluntary engagement in sex offender rehabilitation treatment;
(e) your risk of reoffending being assessed as low to moderate;
(f) your overall prospects of rehabilitation in the absence of a criminal history; and
(g) the significant health issues in your childhood and teenage years which have caused you to become socially isolated, which is a contextually relevant factor to your immersion in CAM.
55The prosecution accepted that it is open to find exceptional circumstances are present in this case. The prosecution submitted that a period of imprisonment with an immediate release on recognisance is an appropriate sentence.
56In my opinion, the objective gravity of the offending in this case is such that a prison sentence is the only appropriate sentence. General deterrence and denunciation must be emphasised. However, I am satisfied that for the reasons advanced by Mr Lewis, exceptional circumstances do exist, and I intend to release you on a recognisance immediately with the mandatory conditions requiring sex offender treatment. In my opinion, this best reconciles your rehabilitation with the need for general deterrence and denunciation, and it will also serve to deter you from further offending.
Sentence
57The order that I will make in this case is a sentence of imprisonment of nine months on the charge of transmitting child abuse material. I intend to release you immediately on a recognisance to be of good behaviour in the sum of $2,000. The recognisance will run for 18 months. In fixing that period, I have had regard to the time that you have had to wait for these matters to be determined. I was considering two years, and I have reduced it to 18 months having regard to that factor. You will need to participate in sex offender treatment. So, a mandatory condition of this order is that you will be subject to the supervision of a probation officer - in Victoria, that is Corrections - and that will be for 18 months. You must obey all reasonable directions of Corrections. You cannot travel interstate or overseas without the written permission of Corrections. You must undertake such treatment or rehabilitation programs as directed, and you must report to Corrections - where will it be in this case? What is the Corrections office - - -
58MR LEWIS: Moorabbin as we understand it, Your Honour.
59HIS HONOUR: Moorabbin. You will have to report to Moorabbin Corrections within two working days from today. You will have to receive visits and report to Corrections. If you change your address or your employment, you must also notify Corrections of that change. I have then got two options here - one, I can make it mandatory that he attend a sex offenders' program, or that can be at the direction of Corrections. Have you got a submission on which of those I should order here? I will hear from both of you. One leaves it to Corrections, so attend for assessment and, if assessed as suitable, treatment for sex offender program or programs - - -
60MR LEWIS: Yes.
61HIS HONOUR: - - - to reduce re-offending as directed, and the other is that you are undertake a sex offenders' program. I think I might leave it to the discretion of Corrections here.
62MR LEWIS: I was going to see if that was the appropriate course just so there is no conflict between the two.
63HIS HONOUR: Yes, exactly. In circumstances where he has been receiving such treatment - - -
64MR LEWIS: And it seems inevitable that that will be the order that continues once he is seen by Corrections.
65HIS HONOUR: Yes, all right. All right. 6AAA - that is - that means what I would have sentenced you to had you not pleaded guilty - 14 months with six months to serve before release on recognisance - but for your plea of guilty, all right? And there are mandatory orders under the Sex Offenders Registration Act. It is eight years. We will provide you with that information. It is one class 2, therefore eight years - that is right, Mr Barron, is it not? Yes.
66MR BARRON: That is correct, Your Honour.
67HIS HONOUR: All right. Any issues with the recognisance release as I have announced it?
68MR BARRON: No, Your Honour, - - -
69HIS HONOUR: All right.
70MR BARRON: - - - that is sufficient for our purposes.
71HIS HONOUR: All right. Well, we will just have those documents prepared, and then we will need some signatures. Yes, I will just stand down for a moment while the documents are prepared.
72MR LEWIS: As Your Honour pleases.
73(Short adjournment.)
74HIS HONOUR: Just before you sign the document, I just want to say this. This operates something like suspended sentences used to. What that means I have sentenced to you to nine months, but you do not have to go to prison, but you have promised, you have given an undertaking to be of good behaviour. If you were to re-offend, then you will be brought back before me, and one of the options in front of me would be to impose the nine months, do you understand?
75OFFENDER: Yes, Your Honour.
76HIS HONOUR: So it is a sentence of imprisonment, you do not have to serve it, but if you are not of good behaviour or you do not comply with the other conditions, then you would have breached it. That would include, of course, any offence that is punishable by imprisonment or anything that contravenes the good behaviour condition, but particularly if you were to be detected again accessing child abuse material, you would be in all sorts of trouble at that stage. You would face a prison sentence, and not only that, but there are also some very punitive conditions when you have prior convictions for this sort of offending if you are detected again. A gaol sentence would be almost a certainty, do you understand?
77OFFENDER: Yes, Your Honour.
78HIS HONOUR: Yes, all right. All right, thank you. We will just have to print out the SORA documents. All right. Well, I have signed that. Mr Barron, we will get recognisance sent through to the prosecution.
79MR BARRON: Thank you.
80
HIS HONOUR: I wonder if the - I will get your instructor just to check - I have
not - I did not give you an opportunity - just let the prosecution instructor just look at the document to check it is - yes, all right, excellent. All right. Now, the other document I need to provide you with is the sex offenders' registration information. These are onerous orders. There are all sorts of obligations you are required to attend to. Breaches of the sex offenders' registration orders are criminal offences, so, for example, if you did not comply with the sex offenders' registration orders, potentially you could be charged with a criminal offence, which would of course breach the good behaviour condition that I have imposed, so you need to comply with those orders. These are mandatory orders under the Act. Look, I am sure your legal representatives will explain - well, no doubt they already have - the sorts of obligations you have got.
81MR LEWIS: We have, but we will do it again, Your Honour.
82HIS HONOUR: Yes. Yes, all right, thank you. We will provide you with this information. I will now adjourn.
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