Director of Public Prosecutions (Cth) v Mayall
[2024] VCC 987
•2 July 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. 23-00064
| COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AIDAN ROBERT MAYALL |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 June 2024 | |
DATE OF SENTENCE: | 2 July 2024 | |
CASE MAY BE CITED AS: | DPP (Cth) v Mayall | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 987 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Use carriage service to groom a person under 16 years of age – Use carriage service to cause child abuse material to be transmitted to self – Produce child abuse material – Use carriage service to transmit indecent communication to a person under 16 years of age – Use carriage service to transmit child abuse material – Use carriage service to access child abuse material – Use carriage service to procure person believed to be under 16 years of age – Engage in sexual activity with person under 16 years of age using a carriage service – Possess or control child abuse material obtained or accessed using carriage service – No prior criminal history – Nine victims – Verdins principles – Delay – reasonable prospects of rehabilitation – COVID-19 pandemic.
Legislation Cited: Criminal Code (Cth) ss 474.22(1), 474.22A(1), 474.25A(1), 474.26(1), 474.27(1), 474.27A(1) 474.29AA; Crimes Act 1958 s 51C(1); Crimes Act 1914 ss 16A, 16AAA, 16AAB, 16AAC; Sex Offenders Registration Act 2004; Sentencing Act 1991 s 6AAA.
Cases Cited:Trinh v The King [2024] VSCA 61; Adamson v The Queen (2015) VR 268; Clarkson v The Queen (2011) 32 VR 361; Hurt and Delzotto v The King [2024] HCA 8; R v Carroll [1991] 2 VR 59; The Queen v Creed (1985) 37 SASR 566.
Sentence: Imprisonment for a period of 7 years and 8 months imprisonment with a non parole period of 4 years and 6 months.
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APPEARANCES: | Counsel | Solicitors |
| For the CDPP | Ms K Breckweg | Commonwealth Director of Public Prosecutions |
| For the Accused | Mr P Tehan KC with Mr J Barreiro | Slades & Parsons |
HIS HONOUR:
Introduction
1Aidan Robert Mayall, you have pleaded guilty to:
(a) two charges of use a carriage service to groom a person under 16 years of age, contrary to subsection 474.27(1) of the Criminal Code (Cth) (‘Criminal Code’), which carries a maximum penalty of 15 years imprisonment (Charges 1 and 13);
(b) one charge of use a carriage service to cause child abuse material to be transmitted to yourself, contrary to subsection 474.22(1) of the Criminal Code, which carries a maximum penalty of 15 years imprisonment (Charge 2);
(c) seven charges of produce child abuse material, contrary to subsection 51C(1) of the Crimes Act 1958, which carries a maximum penalty of 10 years imprisonment (Charges 3, 6, 10, 11, 14, 18 and 19);
(d) one charge of use a carriage service to transmit indecent communication to a person under 16 years of age contrary to subsection 474.27A(1) of the Criminal Code, which carries a maximum penalty of 10 years imprisonment (Charge 4);
(e) two charges of use a carriage service to transmit child abuse material, contrary to subsection 474.22(1) of the Criminal Code, which carries a maximum penalty of 15 years imprisonment (Charges 5 and 7);
(f) one charge of use a carriage service to access child abuse material, contrary to subsection 474.22(1) of the Criminal Code, which carries a maximum penalty of 15 years imprisonment (Charge 8);
(g) four charges of use a carriage service to procure a person believed to be under 16 years of age, contrary to subsection 474.26(1) of the Criminal Code, which carries a maximum penalty of 15 years imprisonment (Charges 9, 15, 16 and 21);
(h) three charges of engage in sexual activity with a person under 16 years of age using a carriage service contrary to subsection 474.25A(1) of the Criminal Code which carries a maximum penalty of 20 years imprisonment (Charges 12, 17 and 20); and
(i) one charge of possess or control child abuse material obtained or accessed using a carriage service, contrary to subsection 474.22A(1) of the Criminal Code, which carries a maximum penalty of 15 years imprisonment (Charge 22).
2You have no prior criminal history.
Circumstances of the offending
3A document titled ‘Amended Summary of Prosecution Opening for Plea’ dated 14 June 2024 (‘prosecution opening’) was tendered on the plea and may be summarised as follows:
Overview
4You were born in 1990 and were 31 years old at the time of this offending, which took place online, primarily on Snapchat and Instagram, two social media applications. You created multiple accounts across these platforms to communicate with nine teenaged girls between 27 January 2021 and 10 January 2022. The victims were aged between 11 and 15 years.
5In many of the communications you falsified your identity and posed as another child in order to build trust and rapport with the victim. In relation to seven of the victims, you obtained explicit images and videos from them. This material is classified as child abuse material. In some instances, you encouraged the victims to engage in specific sexual acts; in the case of two victims, these acts included bestiality and acts of degradation, including urination.
6When you received child abuse material from the victims, you would screenshot or ‘screen record’ the material using the Private Screenshot and screen recorder applications installed on your devices to retain the material for your own collection. Your collection of child abuse material totalled 133 videos and 76 images received from seven victims between 7 February 2021 and 10 January 2022.
7In the case of all but one the victims (Isabelle[1]), the Snapchat and Instagram chat logs were not recoverable by investigators. Rather, the material relied upon comprises of the thousands of ‘screenshots’ and screen recordings created by you that depicted your interactions with the victims on these platforms. In addition to copying, and thereby producing, the child abuse material received by you, the available screenshots and screen recordings depicted some of the chat logs and video calls between you and the victims. This material revealed that:
(a) between 27 January 2021 and 28 February 2022, you sought to groom two of the child victims to make it easier to obtain them for sexual activity (Isabelle and Michala[2]);
(b) between 28 May 2021 and 10 January 2022, you sought to procure four of the child victims for online sexual activity with yourself (Summer[3], Amy[4], Lilly[5] and Nina[6]); and
(c) between 24 December 2021 and 10 January 2022, you engaged in online sexual activity with three of the child victims (Amy, Summer and Nina).
Investigation
[1] A pseudonym.
[2] A pseudonym.
[3] A pseudonym.
[4] A pseudonym.
[5] A pseudonym.
[6] A pseudonym.
8On 3 February 2022, as a result of information received, a search warrant was executed by the Joint Anti-Child Exploitation Team (‘JACET’) at your home. You and your partner were present. In compliance with a court order, you provided passwords to your devices, applications and accounts.
9During the search, police located four phones, one USB and one SD card in your bedroom. With the exception of your primary mobile phone, which was located on top of your bedside table, these devices were hidden underneath the bedside table. You were arrested and cautioned. You participated in a recorded conversation with investigators throughout the course of the warrant, during which you stated:
(a) you had sent naked photos of yourself to people online using the Snapchat account ‘sthunder’ but you did not know if you had sent them to children;
(b) you responded ‘I know it’s there’ when asked whether you had an interest in children;
(c) in relation to looking at child abuse material you told investigators ‘it felt good at the time I suppose because I wouldn’t do it otherwise’;
(d) when asked if you had an interest in a particular age you responded ‘not exact ages, no…12 maybe’;
(e) you had taken all the screenshots that are in the Private Screenshots application installed on your phone;
(f) you knew what you were doing was wrong, but experienced instant gratification; and
(g) you agreed that was not an accident that child abuse material was located on your Mega account.
Forensic analysis
10Investigators located social media applications installed on the phones including Snapchat, Kik, Instagram and Swipr. Swipr is a social media application for children over the age of 12 whereby you swipe left or right on someone if you want to be ‘friends’. When investigators reviewed the application, you were purporting to be a 16 year old child named ‘Sam’. Investigators observed chat logs where you would befriend children and then add them on Snapchat.
11Investigators also located a range of applications used to assist with online privacy and anonymity including Private Screenshots and AZ Screen Recorder applications, VPNs, location chambers, password protected files and cleaning programs. Additionally, investigators located a series of 32 images of an unidentified teenage boy between 13 and 17 years of age.
12This series included images of the boy dressed and posing in front of the mirror as well as images that have been classified as child abuse material. In relation to one of the victims (Summer), you sent her a clothed image of the unidentified teenage boy in the course of purporting to be a child.
13The analysis of the various devices and accounts also revealed a digital footprint of your conduct until the time of your arrest, which included:
(a) on 14 March 2021, creating a number of social media accounts in the name ‘David Thornton’ including Kik, Snapchat, Discord and Mega;
(b) on 20 March 2021, creating a Snapchat account in the name of ‘Matt Bonkers’. On 6 April 2021, you received an email from Snapchat confirming that this account had been terminated due to a violation of Snapchat’s terms of use;
(c) on 22 April 2021, creating a number of social media accounts in the name ‘Diane Hunter’ including Facebook, Snapchat, Mega and Discord;
(d) on 11 June 2021, creating a number of social media accounts in the name ‘Dale Thomas’ including on TikTok, Kik, Snapchat and Discord;
(e) on 6 December 2021, creating a Snapchat account in the name ‘Katie Mal’ and listed the birth date as 12 January 2000; and
(f) on 10 December 2021, creating a Snapchat account in the name ‘Sam Thunder’.
14Investigators located a number of conversations on these applications where you purported to be a teenager (between 17 and 19 years of age) when communicating with children.
Summary of the offending
Isabelle
Charge 1
Use a carriage service to groom a person under 16 years of age or believed to be under 16 years of age
15Between 27 January 2021 and 28 January 2021, you used the Snapchat account ‘Sammy_t20211’ to communicate with Isabelle. Investigators were able to recover the complete chat log with this victim.
16On 27 January 2021, you opened the conversation by writing, ‘Ayo, remind me if you are freaky or not?’ Isabelle responded that she was not, and you proceeded to ask her about her day, what she did for fun and if she had any pets. During this conversation, Isabelle told you her mother helped her name her pet rabbit and her father had banned her from having more pets. You displayed an interest in Isabelle’s life and paid her compliments. After exchanging messages for 42 minutes, you told the victim you had to go and wrote ‘lets get freaky later I mean talk later heheh [sic]’.
17The following day, you had a discussion with the victim about your respective ages. You told the victim you were 16 years old, and she responded that she was 12 years old.
18Further portions of the communications you had with this victim are extracted in the prosecution opening.[7] I will not duplicate them here. The prosecution case is that these communications were sent by you with the intention of making it easier to procure Isabelle for sexual activity (Charge 1).
[7] [20] – [21].
Romy[8]
[8] A pseudonym.
Charge 2
Use a carriage service to cause child abuse material to be transmitted to yourself
Charge 3
Produce child abuse material
Charge 4
Use a carriage service to transmit indecent communication to a person under 16 years of age
19Between 7 February 2021 and 3 December 2021, you produced over 100 screenshot images and screen recorded videos of your interactions with Romy on Snapchat. During the period of communications you received photos of Romy’s face. These images depicted a female child between 11 and 12 years of age. In December 2021, you received a photo of Romy’s face with the caption ‘I’m 12’.
20Further details of the acts comprising Charges 2, 3 and 4 in relation to this victim and examples of the child abuse material produced and transmitted are set out in the prosecution opening.[9]
[9] [23] – [32].
21I note:
(a) in respect of Charge 2, use a carriage service to cause child abuse material to be transmitted to yourself, you caused the victim to create and transmit 13 videos of child abuse material to you;
(b) in respect of Charge 3, produce child abuse material, you produced, in total, 44 videos of child abuse material depicting this victim; and
(c) In respect of Charge 4, use a carriage service to transmit indecent communication to a person under 16 years of age, you transmitted a six second video of yourself masturbating to the victim.
Thea[10] (Charges 6 and 7)
[10] A pseudonym.
Charge 6
Produce child abuse material
Charge 7
Use a carriage service to transmit child abuse material
22On 24 February 2021, you produced 19 screenshot images and screen recorded videos of your communications with Thea. During the period of communications you received photos of Thea’s face, these images depicted a female child 15 years of age. You also received an image of Thea’s breasts with the caption ‘15’.
23Further details of the acts comprising Charges 6 and 7 in relation to this victim and examples of the child abuse material produced and transmitted are set out in the prosecution opening.
24I note:
(a) in respect of Charge 6, produce child abuse material, on 24 February 2021 you produced child abuse material by taking four screenshots and using the screen recorder application to record two videos of child abuse material you received from the victim; and
(b) in respect of Charge 7, use a carriage service to transmit child abuse material, you sent the victim an eight second video of a naked girl, approximately 10 to 14 years, which was categorised as child abuse material.
Summer (Charges 9, 10 and 12)
Charge 9
Use a carriage service to procure a person believed to be under 16 years of age
Charge 10
Produce child abuse material
Charge 12
Engage in sexual activity with a person under 16 years of age using a carriage service
25Between 27 May 2021 and 10 November 2021, you produced over 580 screenshot images and screen recorded videos of your interactions with this victim on Snapchat. During the period of communications you received photos of Summer’s face, these images depicted a female child around 13 years of age.
26During this period of contact, Summer disclosed to you personal information about herself. For example, on 28 May 2021, she sent you pictures of herself with captions that read ‘I am ugly and everyone else is cute’ and ‘Maybe I just don’t want to be alive anymore no one likes me’. Summer also expressed an interest in being your girlfriend. For example, she sent you photos of herself with captions that read ‘can we date’ and ‘be mine’.
27On 28 May 2021, you used the screen recording application to create a number of videos depicting your interactions with Summer on Snapchat. One of the recordings depicted Summer sending you a video of herself laying on the floor, poking her tongue out. You are then depicted opening a folder on your phone entitled ‘Recent Images’, which contained multiple images of the same teenage boy mentioned above as well as two images of child abuse material. You selected an image of the teenage boy and saved it to your ‘Snapchat Memories’. You then selected an image of the teenage boy taking a selfie and sent it to the victim. The prosecution case is that you purported to be a teenage boy in your communications with Summer.
28On 28 May 2021, you sent a video of yourself rubbing your erect penis to Summer. On 31 May 2021, Summer responded by sending you a video of herself dancing with the caption ‘Your ok. I am so ugly’ to which you responded ‘Omg I was going to say you look sexxxyy’.
29Also on 31 May 2024, you took a screenshot of explicit messages sent by you to Summer, as set out at paragraph 39 of the prosecution opening.
30On 1 June 2021, you recorded yourself masturbating while watching a video of Summer urinating on the floor. This video also depicted you writing Summer certain explicit messages as set out at paragraph 40 of the prosecution opening.
31On 6 June 2021 you sent a video of yourself masturbating your erect penis to Summer.
32On 11 June 2021, Summer sent you a video of herself masturbating with a hairbrush. In response, you send a three second video of yourself masturbating your penis.
33The prosecution case is that your communications with Summer on Snapchat were intended to procure her for sexual activity (Charge 9).
34On 12 October 2021, you took a screenshot of a live video call between yourself and Summer. The screenshot depicted you masturbating while Summer watched on the other end of the video call. As Summer was able to see you while you masturbated, you engaged in sexual activity with her (Charge 12).
35Between 29 May 2021 and 12 October 2021, you produced a total 31 images and 61 videos of child abuse material by taking screenshots or screen recording material received by you from Summer (Charge 10). Examples of the material produced during this period are given at paragraph 45 of the prosecution opening.
Nina (Charges 20, 21 and 11)
Charge 20
Engage in sexual activity with a person under 16 years of age using a carriage service
Charge 21
Use a carriage service to procure a person believed to be under 16 years of age
Charge 22
Produce child abuse material
36Between 20 July 2021 and 9 January 2022, you used the screen recording application and Private Screenshot application to create over 80 images and videos of your interactions with Nina on Snapchat. On 20 July 2021, you received photos of the victim’s face, which depicted a child under the age of 16.
37On 10 July 2021 and 13 January 2022, you produced child abuse material by taking screenshots and screen recordings of material received by you from Nina (Charge 11). Examples of material produced during this period are set out at paragraph 47 of the prosecution opening.
38On 10 January 2022, you told the victim you were 17 years old. When the victim responded that she was 14, you wrote ‘I’m cool if you are? Understand if not’. You told her your name was Sam and that you lived in Croydon. The messages available to investigators reveal that you expressed an interest in the victim’s life by asking her what she got up to on weekends, what she did after school and what types of movies she liked. A number of sexual communications were introduced by both you and the victim. For example, the victim asked you if you were a virgin, and you responded, ‘I’d say yes.’ You asked ‘What’s the furtherest [sic] you’ve gone’ and ‘Have you got someone in mind for your first time?’
39On 10 January 2022, you and the victim video called, during the course of which you masturbated while a dog licked the victim’s vagina. This interaction was preceded by conversation as set out at paragraphs 49 and 50 of the prosecution opening. As you and the victim were able to see each other while you masturbated, you engaged in sexual activity with the victim (Charge 20).
40By using the screen recording application to record video calls with the victim the subject of Charge 20, you produced child abuse material (Charge 22).
41On 11 and 13 January 2022, you sent the victim messages and engaged in conversation with her as extracted in paragraphs 53 to 55 of the prosecution opening. The prosecution case is that these communications with the victim – including messages requesting a phone call with the victim – were intended to procure the victim for online sexual activity with you (Charge 21).
Michala (Charge 13)
Charge 13
Use a carriage service to groom a person believed to be under 16 years of age
42Between 7 December 2022 and 28 January 2022, you produced over 300 screenshots of Michala’s Snapchat profile and your communications with her. At the time of offending, Michala was 11 years old having been born in October 2010.
43The victim recalled that she met you over Snapchat when you added her as a friend towards the end of 2021. You told her that your name was Sam, you were 16 years old and lived in Melbourne. You talked about what she was doing at school and asked her what her favourite classes were. She recalls that you asked her what she looked like, and she sent you a photo of herself in school uniform holding a certificate she had received at school. She recalls sending this photograph in mid-November. The victim told you she was in Scouts. You told her that you were also in Scouts and that you performed at the Melbourne Gang Show, which is a performance that the Scouts and Girl Guides put on annually. You told her that you sang, acted and danced.
44You told the victim that she could trust you, and she could always talk to you. She recalled that she responded to this with something like ‘thank you’ and ‘I’m going good’ and you responded ‘no problem, any time’ and ‘you can always talk to me’. If she didn’t reply to you for a couple days, you would write ‘we haven’t talked in a while, how are you going?’ and ‘how have you been feeling? we haven’t talked’.
45She sent you photos of her face. You did not send photos of yourself, only text messages. If she sent a photo, it would usually be out of the blue. She wouldn’t send any messages for a few days, then she would send a photo. You would respond with something like ‘Hi, how are you?’ and ‘We haven’t talked in a while’ and ‘You’ve sent me photos of yourself but we haven’t talked’. You would write to her ‘I was wondering how you were going’ and ‘What happened today?’
46About a month after you started talking, you added her from a new account. She recalled you told her that your other Snapchat account had been banned.
47The victim ‘unfriended’ you in January 2022 because she didn’t feel like talking to you anymore. You would constantly send her messages and she found this irritating. You would say the same thing every day – ‘how have you been going?’ – and this became annoying. The victim recalled she found it unusual that you just added her and pretended to know her. Whenever she asked why you added her you would change the subject or say ‘I gotta go’ and then you would pretend the conversation never happened.
48During this two month period of contact, you produced over 300 screenshots of the victim’s Snapchat profile and material you received from her. This material revealed that:
(a) on 9 December 2021, you used a screen recording application to record a video received from the victim via Snapchat of her in her school uniform holding a school award;
(b) on 17 December 2021, you took a screenshot of a photo message from the victim with the caption ‘No it’s all good what u was trying to say was I moved up to scouts ! I’m 11 therefore I could move up’;
(c) you had taken a number of screenshots of the victim’s Snapchat location. For example, on 14 December 2021 you took a screenshot of the victim’s Snapchat location that showed she lived in a particular town, which you then searched on Google; and
(d) the final screenshot you took of the victim’s Snapchat profile was on 28 January 2022.
49The prosecution case is that your communications with Michala were intended to make it easier to procure her for sexual activity (Charge 13).
Lilly (Charges 14 and 15)
Charge 14
Produce child abuse material
Charge 15
Use a carriage service to procure a person believed to be under 16 years of age
50Between 7 December 2021 and 25 January 2022, you produced over 100 screenshot images and screen recorded videos of your interactions with the victim on Snapchat. During the period of communications you received photos of the victim’s face, depicting a female child between 11 and 15 years of age.
51Between 7 December 2021 and 24 December 2021, you produced 15 videos of child abuse material received from the victim by using a screen recording application to produce copies of videos sent to you by her (Charge 14). Examples of the videos produced are set out at paragraph 66 of the prosecution opening.
52On 23 December 2021, you agreed to a video call with the victim. She then sent you a video of herself masturbating.
53On 30 December 2021, the victim sent you a video of herself masturbating with a caption as set out at paragraph 68 of the prosecution opening, to which you responded, ‘Can I call?’
54On 1 February 2022, you and the victim had an exchange as set out at paragraph 69 of the prosecution opening.
55During the period of communication, you took a number of screenshots depicting communications received by you from the victim. This material included images of the victim with self-harming scratches on her legs with the caption ‘when I got home it was depressing and I was in my room alone cause no on [sic] really even cared’, as well as a message that read ‘I’m gonna try and loose [sic] some weight probably I’m gonna dress different I’m goona [sic] get my hair cut different when it gets longer and I might actually due my hair black if my mom [sic] lets me and I’m probably goona start wearing makeup and a lot more lmao’.
56The prosecution case is that your communications with the victim, including the messages agreeing to and requesting video calls, were intended to procure the victim for online sexual activity with you (Charge 15).
Amy (Charges 16 and 17)
Charge 16
Use a carriage service to procure a person believed to be under 16 years of age
Charge 17
Engage in sexual activity with a person under 16 years of age using a carriage service
57Between 12 October 2021 and 11 January 2022, you produced over 60 screenshot images and screen recorded videos of your interactions with the victim over Snapchat and Instagram. During the period of communications you received photos of the victim’s face, these images depicting a female child around 15 years of age.
58On 12 October 2021, you first recorded your contact with the victim using the screen recorder application on your mobile phone. That recording depicted an interaction in which the victim asked you for your age and location and you responded that you were 20 years old and from Australia.
59On 24 December 2021 you screen recorded a live video call between yourself and the victim. During the video call, you masturbated your erect penis while the victim inserted a toilet brush handle into her vagina and masturbated. As you and the victim were able to see each other as you masturbated, you engaged in sexual activity with the victim (Charge 17).
60By using the screen recording application to record that video call, during which the victim performed sexual acts for you, you produced child abuse material (Charge 18). Additionally, on the same day, you recorded a four second video of the victim sitting on the toilet inserting a toilet brush handle into her vagina and masturbating. You thereby produced a second video of child abuse material (Charge 18).
Riley[11] (Charge 19)
Charge 19
Produce child abuse material
[11] A pseudonym.
61Between 22 December 2021 and 9 January 2022, you used the screen recording application and the screenshot function on your device to produce over 340 images and videos of your interactions with Riley over Snapchat. This material was saved by you to your mobile phone in an album named with the victim’s Snapchat username. At the time of the offending, Riley was 16 years of age. On 24 December 2021, Riley wrote to you ‘I’ma [sic] get nipple tattoo hearts with I’m 18’. On 31 December 2021, she wrote to you ‘Can’t wait. Stranger things comes out. I’ll be Actually fully 17…Not 16an half [sic]’.
62Between 24 December 2021 and 2 January 2022, you produced child abuse material by using the Private Screenshots application and screen recorder application to create copies of 17 images and two videos transmitted to you by the victim (Charge 19).
63Examples of the material produced are set out at paragraph 80 of the prosecution opening.
Transmission of child abuse material
64On 21 February 2021, you produced a screen recording of yourself transmitting two video files of child abuse material via Snapchat to the user ‘NaStY KinkY’ (Charge 3 – produce child abuse material; Charge 5 – transmit child abuse material) which are described at [81] of the prosecution opening.
Access of child abuse material
65Analysis of your Motorola mobile phone revealed a MEGA application installed in the name ‘Dave James’. The MEGA account had two folders – one entitled ‘The Sauce’ and another entitled ‘Gollum 2’.
66The folder entitled ‘Gollum 2’ contained 213 files of child abuse material. 17 of these files comprised of image and videos of a 13 year old girl performing solo sexual acts and 143 of these files comprised of image and videos of a girl aged between 13 and 16 years of age performing solo sexual acts. Forensic analysis revealed this material was downloaded to your MEGA account on 14 May 2021.
67The folder entitled ‘The Sauce’ contained 36 files of child abuse material. Forensic analysis revealed this material was downloaded to your MEGA account on 5 May 2021.
68The prosecution case is that by downloading these files into your MEGA account, you moved the material to a data storage device and thereby accessed child abuse material on 5 May 2021 and 14 May 2021 (Charge 8).
Possession of child abuse material
69At the search warrant, six of your devices were seized and found to contain child abuse material (Charge 22). The total amount of child abuse material possessed and controlled on 3 February 2022 is as follows:
Category Images Videos Total 1. Interpol baseline 61 3 64 2. Other child abuse material 831 29 860 Totals 892 32 924 70The material possessed by you included the image and videos files sent to you by the nine victims of the offending. Some of this material was located in folders you named after the Snapchat usernames of the victims. On two of the devices, you possessed image and video files of unknown children downloaded from websites such as MEGA and Kik.
71A breakdown of child abuse material located on each device and examples of that material is attached as Annexure A to the prosecution opening.
Nature and gravity of the offending
72Your offending is without doubt, very serious. You communicated with nine different young females aged between 11 and 15. The overall offending involved 22 charges covering nine discrete offence types, namely producing, accessing, transmitting and possessing child abuse material – causing this material to be transmitted to you, grooming a child under 16, procuring a child under 16 for sexual activity, transmitting indecent communications to a person under 16 and engaging in sexual activity with a person under 16.
73The seriousness of the offending is reflected in the maximum penalties, with the Commonwealth charges carrying maximum penalties of 10, 15 or 20 years imprisonment, while the State charges carry 10 years imprisonment. I also note that Charges 12, 17 and 20, in addition to the maximum penalty of 20 years, are each subject to the mandatory minimum head sentence of 5 years, further reflecting the legislature’s assessment of the seriousness of the offence. Further, in relation to the mandatory provisions, I note the recent comments of Taylor JA in Trinh v The King:[12]
The Legislature has made plain the seriousness of such offending, not least by the imposition of the yardsticks of the minimum and maximum penalties. Section 474.25A(1) of the Criminal Code is part of a suite of offence provisions aimed to protect children from the sexual exploitation and abuse so easily accomplished by anonymous (adult) offenders online.
[12] [2024] VSCA 61, [72], Priest and Kaye JJA agreeing.
74Ms Breckweg, who appeared on behalf of the Commonwealth Director of Public Prosecutions, highlighted a number of matters that inform the gravity of your offending, including: that the offending was not isolated but occurred regularly between 27 January 2021 and 10 January 2022; that you created multiple accounts on difference platforms to communicate with the victims; that you encouraged the victims to send you explicit photos and videos; that you possessed child abuse material on six different devices and that in some instances you encouraged the victim to engage in specific acts which in the case of two victims included bestiality and acts of degradation, including urination.
75Mr Tehan KC, who appeared with Mr Barreiro on your behalf, acknowledged that the offending is very serious and, while noting that you did not have any physical contact with the victims, nonetheless did not take issue with the prosecution’s submissions characterising the offending as objectively very serious.
76You took advantage of the immaturity of the victims and their willingness to comply with your requests once you had built a level of trust. As a result, your communications with the victims in many cases contained very sexually explicit content. Further, as is well established in cases of online offending of this nature, it is not relevant or mitigating that the child may have appeared to enjoy the attention you gave them or that they were exploring their sexuality.[13]
[13] Adamson v The Queen (2015) 47 VR 268, [29].
77As observed in the treatment report of psychologist Geoffrey Burrows, at the time of your offending, you had a limited understanding of the destructive impact of your conduct, including holding ‘the extremely misguided belief that children were capable of consenting to engage in sexual behaviour with adults online, that [you were] being respectful towards them by treating them like adults, and that [your] behaviour was harmless if the underage people were willing participants.’
78However, as has been noted in cases such as Clarkson v The Queen,[14] the prohibitions on underage sexual activity are founded on the presumption of harm. As noted in Clarkson, those prohibitions are designed to protect children from their own immaturity and to deter those who might contemplate sexual activity with a young person under 16.[15]
[14] (2011) 32 VR 361 (‘Clarkson’).
[15] Ibid [26].
Personal circumstances
79You are now 34 years old, the younger of two siblings. Your mother was an accountant and your father worked a range of ‘small jobs’ in your youth, including as a petrol station attendant and at a large hardware business. Your mother became the breadwinner in your family after your father fell ill with cancer. Both are now retired and remain supportive of you in spite of this offending. You report a more strained relationship with your brother, nine years your senior.
80By all accounts your upbringing was an ordinary one, and this is reflected in the 5 June 2024 report of psychologist Patrick Newton. Your parents, although they would argue, never engaged in violent behaviours, and disciplined you in a balanced and unremarkable way. You described your primary school experience to Mr Newton as being a ‘loner and loser’, struggling academically and socially in this period. You were diagnosed with ADD as a child and treated with Ritalin for several years, however the disruptive behaviour which began in primary school continued into the early years of your secondary schooling, with some apparent improvement midway through high school. You experienced some instances of bullying in this period and ultimately went on to complete Year 12.
81You began tertiary studies in civil engineering at Box Hill TAFE and later completed a qualification at Victoria University, after needing to repeat some failed subjects. Throughout this time, you worked at a health food store, cinema and local pizza shop. From 2015 until very recently, you worked at a local council in infrastructure management. You resigned in the course of these legal proceedings.
82You have had one significant intimate relationship, with your ex-partner. This 11 year relationship began when you were 21 years old and ended after your offending came to light. Your ex-partner suffered from a health condition which made intercourse very painful to her, so it was attempted only very rarely. You report this situation caused you considerable frustration and resentment. You and your ex-partner did not have open discussions about the impact of her condition on the relationship, and over time, the two of you became increasingly alienated from one another. It was in this context that your consumption of pornography and engagement in sexualised internet chat increased. Mr Newton draws a strong connection between your preference for masturbation to increasingly more extreme types of pornography and the acts comprising this offending, noting you acknowledged to him that you had found images of pubertal teenagers arousing. Masturbation to pornography provided a sexual outlet, but you continued to feel isolated, which caused you to engage in sexualised ‘chat’ with younger individuals online because, by your own account, they would be more likely to agree to your suggestions.
83I turn to your mental health. As noted above, you were diagnosed with ADD as a child and received treatment by way of stimulant medication, although by the time of your assessment with Mr Newton in 2022 to 2024, you exhibited only ‘mild residual features’. The significant depression and anxiety you have experienced recently are reactive in nature – the main cause being the charges and legal process you are now facing.
84Mr Newton states that your dysfunctional personality traits are longstanding and ‘go beyond normal bounds to reach the proportions of another specified personality disorder with prominent traits of detachment and psychoticism’, resulting in a ‘moderate impairment in [your] sense of identity and moderate-severe impairment of [your] interpersonal interactions’.
85You began offence specific psychological treatment with psychologist Geoffrey Burrows in May 2022. At the time of the plea, you had completed some 48 sessions, with Cognitive Behaviour Therapy being implemented to equip you with healthier coping skills. A report by Mr Burrows, dated 3 June 2024, summarises your progress in treatment as ‘slow but steady’, with insight emerging in spite of your initial limited understanding of the destructive impact of your conduct on the child victims. Mr Burrows provided you with psychoeducation regarding, among other things, female psychosexual development and the impact of grooming and engaging in sexual communications with children. This method was adopted as a means of enhancing your victim empathy, which in Mr Burrow’s view, was lacking in the early stages. Treatment also involved assisting you to improve your social skills to facilitate healthy intimate relationships, and helping you recognise that your reliance on pornography and online sexualised chat was a product of low self-esteem, a lack of intimacy and general life stressors. Although your treatment with Mr Burrows appears to have yielded some results, as noted by Mr Newton, you have not had many opportunities in real life to test these new coping mechanisms and cognitions.
86With improvements in your insight has come the development of some remorse for your conduct, as observed by Mr Newton. I also take into account the character reference provided by a close friend of yours for some 23 years. He describes your obvious ‘shame and regret’ regarding the offending and believes you have shown genuine remorse. Perhaps the most positive indication of remorse on your part is your desire to engage with further offence-specific treatment. Mr Newton assesses your risk of recidivism as moderate, which he notes is ‘somewhat above average relative to other offenders undergoing sentence, but significantly above average relative to those charged with only online offending’. Mr Tehan submitted to this end that you ceased engaging in the offending behaviours entirely following your arrest. In any event, it is clear from both Mr Newton and Mr Burrows’ reports that you require further treatment, particularly in the context of your severe emotional deficiencies.
Sentencing considerations
87In relation to the Commonwealth charges, I am required to sentence you in accordance with Part 1B of the Crimes Act1914 (Cth) (‘Crimes Act’). Pursuant to s 16A(1) of the Crimes Act, the overarching principle is that any sentence I impose must be of ‘a severity appropriate in all the circumstances of the offence’. As part of that process, I must take into account the non-exhaustive list of matters pursuant to s 16A(2) of the Crimes Act that are relevant and known to the court.
88Further, pursuant to s 474.29AA of the Criminal Code, when sentencing a person for an offence under Subdivision F of Division 474 – which includes offences of engaging in sexual activity, grooming and procuring, to which you have pleaded guilty – I must take into account the age and maturity of the victims.
Plea of guilty
89Firstly, I take into account your plea of guilty, which was entered at the earliest opportunity and therefore carries high utilitarian value, saving the time and expense of a criminal trial and sparing witnesses from having to give evidence. Your plea also demonstrates your acceptance of responsibility which has brought the matter to an early conclusion, thereby promoting the course of justice.
Insight and Remorse
90Over and above your plea of guilty, it was submitted on your behalf that you have developed insight and remorse. Since the offending you have engage in a lengthy process of psychological treatment with psychologist Geoffrey Burrows, who notes that you have made slow but steady progress. Mr Newton concurs with Mr Burrows’ view and adds that this has led to the development of some remorse. Mr Burrows repeats some of your comments, including that you appreciate that the victims ‘were too young to understand what they were doing’ and that ‘there was a massive power imbalance because I was an adult and they were children’. I accept that while you have some way to go, through treatment you have gained valuable insight into the impact of your conduct and as such, you have demonstrated a degree of remorse.
Delay
91On the issue of delay, I note the offending occurred between 27 January 2021 and 10 January 2022. You were arrested on 3 February 2022 and the hand-up brief was served in July 2022. The matter was then adjourned for a number of months as resolution discussions took place. Ultimately a plea of guilty was entered on 20 January 2023 at the committal stage. The matter was delayed in this court while the decision in Hurt and DelzottovThe King was determined in the High Court.[16] The prosecution conceded there was some delay and accepted that you indicated an intention to plead guilty from the outset and indeed made full and frank admissions during the police interview following your arrest. The delay in the conclusion of this matter cannot be attributed to you and I take this into account as a matter in mitigation.
[16] [2024] HCA 8 (‘Hurt and Delzotto’).
Verdins
92Mr Tehan submitted that Verdins principles are enlivened, particularly in relation to the reduction of moral culpability. Mr Tehan relied on Mr Newton’s conclusion that your deficits ‘had their onset in [your] childhood and have persisted across [your] development since then’. Conversely, the prosecution argued that any identified psychological deficits do not allow for the requisite causal or realistic connection to the offending. Whilst the facts of your stunted personality, social isolation and emotional immaturity can be traced back to your early development and may provide a context for your offending, they did not obscure your intent to commit the offences or impair your ability, in any way, to appreciate the wrongfulness of your conduct. In my view, the focus of both Mr Newton and Mr Burrows on your ‘deviant sexual arousal patterns’ as a ‘prominent motivation’ or ‘foundation’ for your offending militates against a finding that Verdins principle 1 applies in this case. Your maladaptive personality traits, coupled with your longstanding social isolation and lack of intimate relationships may have fuelled your engagement with pornography and online sexualised chat, but cannot be regarded as a satisfactory causal explanation for you contact with children under 16. Indeed, your explanation to Mr Newton was that your focus on younger individuals came about because you understood they would be easier to manipulate.
93Nonetheless, the prosecution conceded the applicability of Verdins principle 5, noting the concluding remarks in Mr Newton’s report, which support the contention that a term of imprisonment would weight more heavily on you that it would on a person without your interpersonal deficits. I also accept that Verdins principle 6 has some application as Mr Newton formed the view that in the early stages of imprisonment, you would be expected to experience ‘significant anxiety and a worsening of your depression’.
Prospects of rehabilitation
94Turning to your prospects of rehabilitation. Mr Newton assessed you as having a moderate risk of recidivism and notes:
Prominent risk factors extant in Mr Mayall’s case include the chronicity diversity of the offending, his exploitation of vulnerable complainants, the level of sexual deviance evident in his adjustment and the escalation evident across the course of his offending.
95Mr Tehan highlighted the fact that your prosects hinge on you continuing the specialist treatment of the type you have engaged in since you were charged. I note also that you come before the court with no prior criminal history and that you have the ongoing support of your parents. In my view if you continue with your commitment to treatment in the way you have so far, your prospects are able to be assessed as reasonable.
Other sentencing considerations
96Ms Breckweg provided very detailed written submissions outlining the relevant sentencing considerations (with reference to authority) in relation to child exploitation and child abuse material offences. I have read and considered those submissions.
97General deterrence is the primary sentencing consideration for offending involving child abuse and child exploitation offending. Denunciation and protection of the community are also relevant and, based on the views of Mr Newton and Mr Burrows, in my view specific deterrence must also carry some weight in the sentencing calculus.
98Charges 12, 17 and 20, pursuant to s 16AAA of the Crimes Act each carry a mandatory minimum head sentence of 5 years imprisonment. Recently in Hurt and DelzottovThe King, the High Court determined the proper approach to mandatory minimum sentences as provided for in ss 16AAA and 16AAB. The provisions serve two purposes. First, they restrict sentencing power to the minimum period of imprisonment, subject to the exceptions; and secondly, they provide a yardstick, the opposite of the maximum term of imprisonment, for the exercise of the sentencing discretion. That yardstick imposes an increased starting point for the appropriate term of imprisonment for the offence in the least serious circumstances.[17]
[17] Ibid [54].
99The exceptions as provided for in ss 16AAC(2) and (3) allow a court to impose a sentence less than the minimum where it considers that adequate recognition cannot be given to the plea of guilty or cooperation without having to go below the mandatory minimum head sentence. Section 16AAC is a practical mechanism and as such the plea of guilty and cooperation remain considerations to be taken into account in mitigation pursuant to s 16A(2)(g) and (h) of the Crimes Act in the usual way. As noted by the Court in Hurt and Delzotto:[18]
The exceptional circumstances in which a discount can lead to a sentence of imprisonment below the minimum prescribed sentence do not detract from the role of the minimum sentence as a yardstick. Rather, the process contemplated by s 16AAC reinforces the yardstick role of the minimum sentence. The discretion in s 16AAC(2) applies where it is "appropriate to reduce the sentence", implying that a legitimate procedure will involve determining a prima facie sentence with the use of the prescribed minimum sentence as a yardstick, prior to considering the discount. The subsequent and transparent consideration of the discounts in s 16A(2)(g) (plea of guilty) and s 16A(2)(h) (co-operation with law enforcement agencies) reinforces the utilitarian goals underlying those considerations.
[18] Ibid [104].
100Ms Breckweg submitted that in the circumstances, having regard to the relevant sentencing principes and the objective seriousness of the offending, the seriousness of the offending in relation to Charges 12, 17 and 20 falls well above that which may be considered to be in the ‘lease serious circumstance’.
101I have also taken into account s 16A(2AAA), which provides that the court in sentencing an offender for a Commonwealth child sex offence must have regard to the objective of rehabilitating the offender by considering, when determining the length of any sentence or non parole period, to include enough time for the person to undertake a rehabilitation program.
102Mr Tehan submitted that an aggregate sentence would be an appropriate way to deal with the Commonwealth charges. While there are some circumstances that permit aggregate sentencing in relation to Commonwealth offences, this is not one. The special considerations that attach to Charge 12, 17 and 20 is just one reason why that approach would make aggregate sentencing problematic. While aggregate sentencing in these matters is an attractive option given the labyrinthine nature of commonwealth sentencing,[19] the current authorities and the legislative intent in my view do not currently allow for such an approach in this instance.
[19] R v Carroll [1991] 2 VR 509, 514.
103Finally, I take into account the principle of totality. The principle of totality is simply described in the frequently quoted passage by Thomas in Principles of Sentencing as follows:[20]
The effect of the totality principle is to require a sentencer who has passed a series of sentences, each properly calculated in relation to the offence for which it is imposed and each properly made consecutive in accordance with the principles governing consecutive sentences, to review the aggregate sentence and consider whether the aggregate sentence is ‘just and appropriate’… ‘when cases of multiplicity of offences come before the court, the court must not content itself by doing the arithmetic and passing the sentence which the arithmetic produces. It must look at the totality of the criminal behaviour and ask itself what is the appropriate sentence for all the offences.
[20] David Arthur Thomas, Principles of Sentencing, (2nd ed, 1979), 56-57.
104As such, while the orders for cumulation for the Commonwealth charges are modest, I have nonetheless endeavoured to also recognise the fact that there are different victims. However, the totality of your offending and the resulting sentence also require the Court to ‘stand back and look at the overall picture and decide whether the total of what would otherwise be the appropriate sentence is a fair and reasonable total sentence to impose’.[21]
[21] The Queen v Creed (1985) 37 SASR 566, 568 per King CJ.
Sentence
105Mr Mayall, would you please stand.
106Aidan Robert Mayall, on Charges 3, 10, 11, 14, 18 and 19, being the rolled up State charges of produce child abuse material, you are convicted and sentenced to 14 months imprisonment on each charge. On Charge 6, produce child abuse material you are convicted and sentenced to 12 months imprisonment. The State charges are concurrent and commence today, 2 July 2024.
107On Commonwealth Charges 12, 17 and 20, engaging in sexual activity with a person under 16, I sentence you as follows. On Charge 20 you are convicted and sentenced to 6 years imprisonment, on Charge 17, 5 years and 6 months imprisonment, and on Charge 12, 5 years imprisonment.
108On Commonwealth Charges 1 and 13, using a carriage service to groom a person under 16, you are convicted and sentenced to 2 years imprisonment on each charge.
109On Commonwealth Charge 2, the rolled up charge of use a carriage service cause child abuse material to be transmitted to yourself, you are convicted and sentenced to 2 years and 3 months imprisonment.
110On Commonwealth Charge 4, use a carriage service to transmit indecent communication to a person under 16, you are convicted and sentenced to 12 months imprisonment
111On Commonwealth Charges 5 and 7, use a carriage service to transmit child abuse material, you are convicted and sentenced to 2 years imprisonment on each charge.
112On Commonwealth Charge 8, the rolled up charge of use a carriage service to access child abuse material, you are convicted and sentenced to 2 years and 3 months imprisonment.
113On Commonwealth Charges 9, 15, 16 and 21, use a carriage service to procure a person believed to be under 16, you are convicted and sentenced to 2 years imprisonment on each charge.
114On Commonwealth Charge 22, possess or control child abuse material obtained or accessed using a carriage service, you are convicted and sentenced to 2 years imprisonment.
115The sentences on Commonwealth Charges 4, 5, 8 and 21 commence today.
116The sentence on Charge 20 will commence 6 months after the commencement of the State sentences. The sentence on Charge 17 will commence 9 months after the commencement of the sentence on Charge 20. The sentence on Charge 12 will commence 9 months after the commencement of the sentence on Charge 17.
117The sentence on Charge 2 will commence 2 years and 11 months after the commencement of the sentence on Charge 12. The sentence on Charge 1 will commence 2 months after the commencement of the sentence on Charge 2. The sentence on Charge 7 will commence 2 months after the commencement of the sentence on Charge 1. The sentence on Charge 9 will commence 1 month after the commencement of the sentence on Charge 7. The sentence on Charge 13 will commence 1 month after the commencement of the sentence on Charge 9. The sentence on Charge 15 will commence 1 month after the commencement of the sentence on Charge 13. The sentence on Charge 16 will commence 1 month after the commencement of the sentence on Charge 15. The sentence on Charge 22 will commence 1 month after the commencement of the sentence on Charge 16.
118The intended order for cumulation in relation to the Commonwealth Charges (that commence 6 months after the commencement of the State charges) is that 3 months of the sentence on Charges 12 and 17, and 1 month of the sentence on Charges 1, 2, 7, 9, 13, 15, 16 and 22 are to be served cumulatively on each other and on Charge 20, making for a global total effective sentence of 7 years and 8 months.
119I direct that you serve 4 years and 6 months before becoming eligible for parole.
120As you have been sentenced to a term on imprisonment on Charges 1 and 2, you are sentenced as a serious offender on Charges 3, 6, 10, 11, 14, 18 and 19.
121Pursuant to the Sex Offenders Registration Act 2004, as each charge on the indictment is a Class 2 offence, you must comply with the reporting obligations for the remainder of your life.
122I declare that 15 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
123Pursuant to s 6AAA of the Sentencing Act 1991, if not for your plea of guilty, I would have sentenced you to a period of 10 years and 6 months with a non-parole period of 7 years.
| State offences | ||||
| Charge | Offence | Maximum penalty | Sentence | Commencement and cumulation |
| 3 | Produce child abuse material, contrary to subsection 51C(1) of the Crimes Act 1958 (Vic) (rolled up charge) | 10 years | 14 months | All State charges are concurrent and commence 2 July 2024 |
| 6 | Produce child abuse material, contrary to subsection 51C(1) of the Crimes Act 1958 (Vic) | 10 years | 12 months | |
| 10 | Produce child abuse material, contrary to sub-section 51C(1) of the Crimes Act 1958 (Vic) (rolled up charge) | 10 years | 14 months | |
| 11 | Produce child abuse material, contrary to sub-section 51C(1) of the Crimes Act 1958 (Vic) (rolled up charge) | 10 years | 14 months | |
| 14 | Produce child abuse material, contrary to sub-section 51C(1) of the Crimes Act 1958 (Vic) (rolled up charge) | 10 years | 14 months | |
| 18 | Produce child abuse material, contrary to sub-section 51C(1) of the Crimes Act 1958 (Vic) (rolled up charge) | 10 years | 14 months | |
| 19 | Produce child abuse material, contrary to sub-section 51C(1) of the Crimes Act 1958 (Vic) (rolled up charge) | 10 years | 14 months | |
| Total Effective Sentence: | 14 months | |||
| Non parole period: | N/A | |||
| Commonwealth offences | |||||
| Charge | Offence | Maximum penalty | Mandatory minimum head sentence | Sentence | Commencement and cumulation |
| 4 | Use a carriage service to transmit indecent communication to a person under 16 years of age contrary to sub-section 474.27A(1) of the Criminal Code (Cth) | 10 years | N/A | 12 months | Commences 2 July 2024 |
| 5 | Use a carriage service to transmit child abuse material, contrary to sub-section 474.22(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 2 July 2024 |
| 8 | Use a carriage service to access child abuse material, contrary to sub-section 474.22(1) of the Criminal Code (Cth) (rolled up charge) | 15 years | N/A | 2 years 3 months | Commences 2 July 2024 |
| 21 | Use carriage service to procure a person under 16 years of age, contrary to sub-section 474.26(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 2 July 2024 |
| 20 | Engage in sexual activity with a person under 16 years of age using a carriage service contrary to sub-section 474.25A(1) of the Criminal Code (Cth) | 20 years | 5 years | 6 years | Commences 6 months after commencement of State sentences |
| 17 | Engage in sexual activity with a person under 16 years of age using a carriage service contrary to sub-section 474.25A(1) of the Criminal Code (Cth) | 20 years | 5 years | 5 years 6 months | Commences 9 months after the commencement of sentence on Charge 20 Cumulation: 3 months |
| 12 | Engage in sexual activity with a person under 16 years of age using a carriage service contrary to sub-section 474.25A(1) of the Criminal Code (Cth) | 20 years | 5 years | 5 years | Commences 9 months after commencement of sentence on Charge 17 Cumulation: 3 months |
| 2 | Use a carriage service to cause child abuse material to be transmitted to himself, contrary to sub-section 474.22(1) of the Criminal Code (Cth) (rolled up charge) | 15 years | N/A | 2 years 3 months | Commences 2 years and 11 months after commencement of sentence on Charge 12 Cumulation: 1 month |
| 1 | Use a carriage service to groom a person under 16 years of age, contrary to subsection 474.27(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 2 months after commencement of sentence on Charge 2 Cumulation: 1 month |
| 7 | Use a carriage service to transmit child abuse material, contrary to sub-section 474.22(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 2 months after commencement of sentence on Charge 1 Cumulation: 1 month |
| 9 | Use a carriage service to procure a person under 16 years of age, contrary to sub-section 474.26(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 1 months after the commencement of sentence on Charge 7 Cumulation: 1 month |
| 13 | Use a carriage service to groom a person under 16 years of age, contrary to sub-section 474.27(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 1 month after the commencement of sentence on Charge 9 Cumulation: 1 month |
| 15 | Use carriage service to procure a person under 16 years of age, contrary to sub-section 474.26(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 1 month after the commencement of sentence on Charge 13 Cumulation: 1 month |
| 16 | Use carriage service to procure a person under 16 years of age, contrary to sub-section 474.26(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 1 month after the commencement of sentence on Charge 15 Cumulation: 1 month |
| 22 | Possess or control child abuse material obtained or accessed using a carriage service, contrary to sub-section 474.22A(1) of the Criminal Code (Cth) | 15 years | N/A | 2 years | Commences 1 month after the commencement of sentence on Charge 16 Cumulation: 1 month |
| Total Effective Sentence for State and Commonwealth offences combined: | 7 years and 8 months | ||||
| Non parole period: | 4 years and 6 months | ||||
| Pre-sentence detention declaration: | 15 days | ||||
| Section 6AAA statement: | 10 years 6 months, NPP 7 years | ||||
| Other relevant orders: 1. Registration under the Sex Offenders Registration Act 2004 – reporting for life. 2. Sentenced as serious offender on Charges 3, 6, 10, 11, 14, 18 and 19. | |||||
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