Director of Public Prosecutions v C,B

[2019] VCC 232

IN THE COUNTY COURT OF VICTORIA  Revised

Not Restricted

Suitable for Publication

AT MELBOURNE CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

C, B

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JUDGE:  HER HONOUR JUDGE GAYNOR

WHERE HELD:  Melbourne

DATE OF HEARING:

DATE OF SENTENCE:                19 February 2019 CASE MAY BE CITED AS:  DPP v C,B MEDIUM NEUTRAL CITATION:  [2019] VCC 232

Subject: Catchwords: Legislation Cited: Cases Cited: Sentence:

REASONS FOR SENTENCE

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APPEARANCES:  Counsel  Solicitors

For the Director of Public Prosecutions

Ms J. Croxford

For the Accused  Mr A. Patton

VICTORIAN GOVERNMENT REPORTING SERVICE

7/436 Lonsdale Street, Melbourne Vic 3000 - Telephone [phone] (Prepared by Epiq Australia Pty Ltd)

202076

1HER HONOUR: C B, you have pleaded guilty before me as follows: to three summary charges under the Sex Offenders (Detention and Supervision Act) of breaching a condition of a supervision order. You also pleaded guilty pursuant to indictment J11810089 to eight charges of failing to comply with reporting conditions and one charge of knowingly possessing child abuse material, and pursuant to indictment 1802116, contravening a supervision order.

2The facts underlying your offending are as follows. I note there has been an extremely detailed summary of prosecution opening, which I annex as an exhibit to my sentencing remarks, but in short compass they are as follows.

3On 1 February 2018 you were placed on a supervision order for five years.

There were a number of conditions relevant to that supervision order. The offending essentially occurred on 17 April 2018. At that time you had completed a term of imprisonment, you had been released on a supervision order and were living in Melton at your parents’ home.

4On 17 April 2018 your parents left for a holiday in Western Australia, leaving you alone at that address. That evening you accessed your father’s work bag and removed from it his mobile phone, which was internet-enabled and had a camera. You began using the mobile phone and connected it to the home Wi- Fi system.

5By using the mobile phone you breached a condition of the supervision order, which was Charge 1 on indictment J11810089. You went on chat sites and teen chat sites, accessing the internet obviously in doing so, and by so doing your actions comprised Charge 2 on that same indictment, breach of supervision order, you being forbidden to access the internet.

6You signed into a website freechatnow.com using the username “DAD4YNG”, during which you interacted with numerous users in the role play chat room. You then signed into a second website 321chat.com using a guest username, entering the  teen  chat  room,  which  stipulated that  it  contains free  online

webcam chat rooms for teenagers aged 13-19, and in that chat room engaged in sexual conversations with a user who was purporting to be 14 years.

7By knowingly communicating with a child under 16 years of age, you breached a further condition of the supervision order, this comprises Summary Charge 3, breach of supervision order.

8On 19 April 2018, two detectives attended your home to conduct an unannounced home compliance visit, during which they asked to see your bedroom. Whilst leading them there, police saw you hurriedly concealing an item under your doona cover, and when asked about this you produced a mobile phone you had been using and your own mobile phone, saying to the informant “I’ve been using the internet”. Both phones were then seized and you were arrested.

9I now turn to indictment J11810089, the charges which relate to material extracted from the phone. As a result of the analysis, eight email addresses and internet usernames used by you were discovered. Each of them had some sort of sexual connotation, and often had a connotation of paedophilia. For example, “DAD4YNG” and “HHORNY14”. Those eight email addresses and internet usernames and the creation of them underlie the first eight charges on indictment J11810089.

10You also failed to report those email addresses and usernames to the Commissioner of Police as required under the Sexual Offenders Registration Act. That failure underlies Charge 9 on that indictment.

11Finally, as a result of analysis of the mobile phone, 42 images and one video of child abuse material was discovered. Overall the majority of the images depicted solo sexual activity or sexual activity between children. However, there were images depicting child and adult penetrative sexual activity, there being two images of that and one video depicting adult and child penetrative sexual  activity.    Your  possession  of  that  material  underlies  Charge  2  on

indictment  J11810089,  knowingly  possess  child  abuse  material,  and  also underlies the charge on indictment 1802116, contravening a supervision order.

12This matter proceeded fairly swiftly and you pleaded guilty at a committal mention stage on 11 October 2018.

13Pursuant to the s.10A and s.10AB of the Sentencing Act, where there is a breach of a restrictive condition on a supervision order, unless there are special reasons which are displayed, a court must sentence an offender to a minimum of 12 months imprisonment. No attempt was made by your counsel to demonstrate a special condition. You can therefore assume, C B, that any sentence I impose, the starting place will be 12 months.

14You have a long history of sexual offending against children, most of it via the internet, some of it with a plan to engage in face-to-face activity, and a couple of occasions where you have engaged in sexual penetrative activity with young persons for money. I do not propose to go into your history on a basis longer than that.

15However, the first time that you were dealt with for sexual offending against minors was in 2011, when you were dealt with in the County Court for knowingly possess child pornography and using a service to groom an under 16-year-old for sexual act. At that time you were placed on a two-year Community Corrections Order with a condition that you participate in a sex offenders program. That sex offenders program at that stage was experiencing a waiting list and you never received that treatment.

16You are now 45 years of age, so at the time that you were first apprehended you were in your 30s. You were a man who led a fairly solitary social life, however you are an intelligent person, you have tertiary qualifications and you were gainfully employed. Of course, all of that completely disappeared once you appeared in court for this sort of offending, and my concern is of course that when you look at your history, that offending has simply gone on and on.

17You then appeared before the Melbourne County Court in front of me on 7 November 2013, again for knowingly possess child pornography and indecent use of the internet, if you like, but by that stage had progressed to sexual penetration, as I have said, of underage boys for money.

18Eventually you were gaoled in relation to that. That was in 2014. You were then released. However, in the interim you were placed on a supervision order. Whilst on the supervision order, and indeed around the making of that supervision order, the court received a psychological report from Michael Davies, which was an in-depth report recommending that you receive one-to- one sex offender therapy.  That was not delivered.

19Now again, I regard that as an inadequate response again, in terms to what is clearly your paedophilic condition. Having said that, the blame of course for this offending lies entirely with you, C B. We have had some discussion during the plea hearing. You talked about the need to be educated as to triggers and how to manage them. Look, you know, it is commendable that you have turned your mind to that, that this is something you recognise, however you yourself have not been at all proactive in seeking that treatment, and that serves as no excuse whatsoever for the offending that you have engaged in, in my view.

20As soon as your parents (who continue to support you despite all the trauma that they have been through) left your home you immediately got hold of a mobile phone that you were not meant to and accessed the internet purely for the purpose of engaging in paedophilic activity, albeit at a distance and in cyberspace, if you like, rather than in a physical sense. This was activity you absolutely knew you were forbidden to engage in, and you simply did it as soon as you had the opportunity.

21This means that in my view the court must have regard beyond all else to the principle of protection of the community. You are a danger to young people in the community, to underage teenage children in the community, and you have

demonstrated that time and time again.

22It is quite clear in my view that when gaoled you are a model prisoner, you undertake courses, you behave really well, but it is once you get back into the community everything falls apart.

23I make it very, very clear to those who are responsible for the conduct of the supervision order, which will remain in force and under which you will be residing once you are released from prison, that you require intensive one-on- one sex offender treatment, and that this must occur. The expectation is that you will not be released into the community after you have finished this sentence, you will be going to Corella Place. But it is my comment firstly that you must undergo sex offender treatment whilst in gaol, and then once you are in Corella Place, subject to that supervision order there must be the sort of treatment recommended by Mr Davies, whose report has been forwarded to the authorities, and it is my firm intention that once you are released from gaol that I will be monitoring the situation on a very regular, probably six-weekly basis, both to monitor your progress but also to monitor the services. That, in my view for the sake of the community, must be delivered to you.

24I hope I have made it very clear however, C B, that whilst I have been critical of the adequacy of the services that you have received, the blame for what has occurred must lie with you. And until you accept full responsibility, your life is going to be one of ever-greater sentences of imprisonment, and that is all it is going to be, C B.  Do you see that?

25OFFENDER: Yes Your Honour. I do take full responsibility for my actions, and I am very grateful for my parents’ support and all that.

26HER HONOUR: Yes, we have so many people in here that have got no one.

27OFFENDER: And I will be putting 100 per cent into whatever programs are on it, and I need to be pushing and not just sat back on - - -

28HER HONOUR: I am just saying if you do not take advantage – which I know you are perfectly capable of doing - of the programs that hopefully I can oversee are delivered to you, your life is going to be just longer and longer sentences, C B, and that is going to be your life, all right? And that is just going to go on forever. Have a seat, sir.

29In all the circumstances I propose to impose an aggregate sentence. In my view all of the offending arises out of that one day. And so can you stand up please, sir?

30In relation to all of these charges, you are sentenced to a term of imprisonment of two years, sir. I direct that 306 days of this sentence have already been served by way of presentence detention, all right?  Have a seat sir.

31MS CROXFORD:  May I raise a matter with Your Honour?

32HER HONOUR: Section 6AAA?

33MS CROXFORD: No, Your Honour would have gotten to that, but I just want to address Your Honour in relation to this.

34HER HONOUR:  Have a seat, C B.

35MS CROXFORD: I have just had a look at s.11 of the Sentencing Act, because I wanted to just make sure that Your Honour was not going to end up in a bit of trouble, because – I will read it to Your Honour, and my analysis is – I think Your Honour, if it is two years or more, has to set a non-parole period, but between

– let me read it to Your Honour. “If a court sentences an offender to be imprisoned in respect of an offence for the term, or a term of two years or more” - - -

36HER HONOUR: No, I think that is right. I will make it 23 months, specifically for that period, all right?

37MS CROXFORD: I just wanted to – I think that would have - - -

38HER HONOUR: I just see no point – I just – it is going to be a nightmare. There will be parole, there will be a supervision order, there will be Corella Place, we are just going to have bureaucracy everywhere. It is going to be very expensive, and it is not going to achieve what it should achieve, I am grateful to you.

39MS CROXFORD: No, I am not trying to persuade Your Honour to anything different, it is just that the Act is pretty clear about what is required.

40HER HONOUR: No, I am very grateful to you, Ms Croxford, thank you very much, I think that is a sensible outcome. He is on a – and I note that in relation to – it is all the charges I think he is to be sentenced as a serious sexual offender. I think he is because of his priors. He has got two former sex pens.

41MS CROXFORD: I do not know whether the SORA charges are – I do not think they are charges where – Charge 2 he is definitely, I will agree with Your Honour. But I did check – and my instructor has checked as well.

42HER HONOUR: Yes?

43MS CROXFORD: In relation to the SORA charges, he is not a serious sexual offender, that is my understanding.

44HER HONOUR: All right, then in relation to Charge 2 on indictment – which I should know off by heart because I have said it so many times during the sentencing remarks, J11810089, you are sentenced as a serious sexual offender.

45Pursuant to s 6AAA I declare that had you not pleaded guilty I would have sentenced you to a term of imprisonment of four years with a minimum term of three years. All right, is there anything else I need to do? That is it?

46MR PATTON: That is all.

47HER HONOUR: All right C B, I will see you in probably two years.

48OFFENDER: Thanks Your Honour.

49HER HONOUR: All right. Thank you very much. You can take C B down, there is nothing else that I need to attend to?

50MS CROXFORD: No Your Honour.

51MR PATTON: No Your Honour.

52HER HONOUR: Thank you.  All right.

53OFFENDER: Thanks Your Honour.

54HER HONOUR: Thank you. All right, now, before you go sir, it is not easy reporting on these, there is so much regulation around, is there anything you want to ask me by way of clarification?

55OFFENDER: No Your Honour, all this is pretty clear.

56HER HONOUR: All right.

57OFFENDER: If I have any questions, I will go through the (indistinct).

58HER HONOUR: You are very welcome to ring my associate if you need to ask any questions about this if you want to get it straight. Because you have got what is sort of an administrative order and you have got the criminal order.

59OFFENDER: Absolutely.  I appreciate it Your Honour, thank you.

60HER HONOUR: That is all right. And basically the situation of he has gone berserk with that sort of accessing the phone on the one day, and all the other charges sprung from that.

61MR PATTON: Correct, yes.

62HER HONOUR: All right, thank you. Thank you very much, I thank counsel for their assistance.

63MR PATTON: As Your Honour pleases.

64MS CROXFORD: As the court pleases.

65HER HONOUR: Yes, thank you. I am just going to stand down and go and get my pink book.

- - -

IN THE COUNTY COURT  CR-18-00860

OF VICTORIA  CR-18-02157

AT MELBOURNE CRIMINAL DIVISION

THE DIRECTOR OF PUBLIC PROSECUTIONS

-V-

C B

Date of document:  8 February 2019

Filed on behalf of:  The Director of Public Prosecutions Prepared by:

John Cain
Solicitor for Public Prosecutions  Solicitor’s code:  7539
565 Lonsdale Street  Tel: [phone]
MELBOURNE  VIC   3000  Ref: 1802116

SUMMARY OF PROSECUTION OPENING

Background

1. Mr C B was born on 13 December 1975 and is 42 years of age.

1. Mr C B is a registered sex offender for life under the Sex Offenders Registration Act 2004 (‘the SORA’) having been placed on the register on 26 July 2011.

Criminal History and Index Sexual Offending

1. Mr C B has prior convictions for both ‘relevant’ and non-‘relevant’ offences (for the purposes of the Serious Sex Offenders (Detention and Supervision) Act 2009, as outlined in the criminal history filed in this proceeding.

1. On 4 February 2014, Mr C B was sentenced in the Court of Appeal of the Supreme Court of Victoria to a period of four years imprisonment with a non-parole period of two years and six months for charges of sexual penetration of a child under 16, using a carriage service to transmit indecent communication to person under 16, using a carriage service to procure a child under 16, possession of child pornography, and furnishing false or misleading information.

1. The circumstances of the offending were that between 13 February 2012 and 1 November 2012 Mr C B accessed various online chat-rooms featuring sexual activity with children, as well as Skype. On 21 occasions throughout that period he sent indecent communications to persons under the age of 16 who were predominantly male. In all of those communications he was well aware of the age of the child with whom he was communicating.

1. On each occasion Mr C B did one or more of the following:

·asked the minor to remove clothing;

·asked whether the minor had younger siblings;

·asked for details of the minor’s sexual experience;

·asked the size of the minor’s penis;

·asked whether the minor could suck his own penis;

·asked the minor to send naked photos of himself;

·asked the minor to use a webcam with the respondent;

·asked the minor to use a webcam with the respondent and a third party;

·asked the minor to masturbate; and

·asked the minor to self-penetrate.

1. Mr C B made contact with a 13 year-old victim. They agreed to have sex and Mr C B was to pay the complainant. They met on three occasions between 1 March and 30 April 2012 in a park behind the victim’s school. On two occasions the victim sucked Mr C B’s penis. On two further occasions Mr C B sucked the victim’s penis. On the third occasion that they met, the victim penetrated Mr C B’s anus with his penis.

1. Mr C B also made contact with a 14 or 15 year old victim. The victim told the respondent that he was aged 14. They agreed to meet for sex. They met in a toilet block at a sports ground on a date sometime between 1 August and 30 September 2012. On that occasion the victim sucked the Mr C B’s penis and Mr C B sucked the victim’s penis.

1. Mr C B also made contact with another 14 year old victim. Mr C B chatted online with him, initially on a gay teen website, and then by Skype, using webcams. At times each of them would masturbate via webcam for the other to see. Between 29 October and 4 November 2012 they discussed sexual acts, preferences and experiences, and agreed to meet for actual sex. Mr C B booked a hotel for 5 November 2012. On 4 November 2012. Mr C B contacted another Skype user (SR) who he understood to be a young adult male. He told SR that he had arranged to meet a 14 year old boy for sex. He invited SR to join them. They made arrangements for Mr C B to pick SR up, and drive him to the hotel. The same day Mr C B told the victim that he knew of an 18 year old male who was also interested in participating in sexual activity with them. He suggested to the victim that they engage in group

sex. SR contacted the police with Mr C B’s details and, as a result, was arrested at his home by police prior to meeting the victim.

1. When police arrested the respondent they executed a search warrant at his home. They seized his laptop computer and USB stick. The laptop was analysed and various grades of child pornography were found on it.

The Supervision Order

1. On 1 February 2018, the Court ordered that Mr C B be subject to a supervision order of five years duration, to commence on 1 February 2018.

1. The following conditions of the Supervision Order are relevant to this hearing:

5.1C B must not commit a relevant offence in Victoria or elsewhere; (this is a restrictive condition)

6.6C B must not knowingly have any contact whatsoever with children under the age of 16 years, whether directly or indirectly, supervised or unsupervised, including but not limited to:

6.6.4talking to or communicating with, by any means whatsoever, including but not limited to:

(a)  elephone;

(b)   electronic means (such as email, texting, messaging, webcam, website, or social media sites and applications);

(c)letter or correspondence; and/or

(d)hrough another person-

Except for contact in accordance with the written directions of the Adult Parole Board or which is unable to be avoided in the course of his lawful daily activities.

6.8C B must not:

6.8.1    own or use a computer, internet-capable device, mobile telephone or camera (or any other device which has the capacity to take photographs, or videos); or

6.8.2    access the internet, directly or indirectly (such as through text messaging (SMS)) –

except in accordance with the written directions of the Adult Parole Board.

Prior Breaches of the Supervision Order

1. Mr C B has no previous breaches of the supervision order.

Current Offending

Re: CR 18-00860:  Charges 1, 2 & 3:  Fail to comply with supervision order pursuant to the SeriousSex Offenders (Detention and Supervision) Act 2009.

1. At the time of the offending Mr C B was residing in Melton at the home of his parents.

On 17 April 2018, Mr C B’s parents left on a trip to Western Australia leaving Mr C B to reside at the address alone.

1. On the evening of 17 April 2017, Mr C B accessed his father’s work bag and removed from it his father’s Samsung Galaxy S4 mobile phone (‘the mobile phone’). This phone is internet-enabled and has a camera.

1. Mr C B began using the mobile phone and connected it to the home Wi-Fi system. By using the mobile phone Mr C B breached condition 6.8.1 of the supervision order (Charge 1 – Breach of Supervision Order).

1. Using the mobile phone, Mr C B accessed the Google search engine, conducted searches for “chat sites” and then “teen chat sites”, and accessed the internet chat websites 321chat.com and freechatnow.com. By accessing the internet, Mr C B breached condition 6.8.2 of the supervision order (Charge 2 – Breach of Supervision Order).

1. Mr C B signed into the “freechatnow.com” website using the username “dad4yng”.

While there he interacted with numerous users in the “roleplay chat” room. During the conversations Mr C B masturbated and sent photographs of his upper body and genital area to other users.

1. Mr C B signed into the “321chat.com” website using a guest username and proceeded to enter the “teen chat” room. The “teen chat” room stipulates prior to entry that it is contains “free online webcam chatrooms for teenagers 13-19 years old”. In this chat room Mr C B engaged in sexual conversations and masturbated. Mr C B engaged in conversation with

a user who purported to be 14 years of age. By knowingly communicating with a child under 16 years of age, Mr C B breached condition 6.6.4 of the supervision order (Charge 3 – Breach of Supervision Order).

1. On 19 April 2018, Detective Senior Constable Rob Paterson (‘the informant’) and Detective Sergeant Jennifer Delmastro attended the home Mr C B to conduct an unannounced home compliance visit. During the visit the informant requested to view the bedroom of Mr C B, to which Mr C B agreed. Mr C B led the informant to his bedroom and was viewed by the informant hurriedly concealing an item under his doona cover. When queried about his actions, Mr C B produced the mobile phone and his own mobile phone (a black Telstra phone) and stated to the informant “I’ve been using the internet”.

1. Both mobile phones were seized by the informant and Mr C B was arrested in relation to failing to comply with his supervision order.

Re: Indictment J11810089 –  Charges 1, 3, 4, 5, 6, 7, 8, 9 – Fail to Comply with Reporting Obligations:

1. On 25 April 2018, a physical extraction analysis was conducted on the mobile phone by Victoria Police.

1. As a result of the analysis, the following email addresses and internet usernames used by Mr C B were discovered:

1)Email address ‘[email protected].  As per the ‘Google Subscriber Information’ this email address was created on 1 July 2017 by Mr C B.   (Charge 1)

2)Internet username ‘aausguy42’; (Charge 3)

3)Internet username ‘hhorny14’; (Charge 4)

4)Internet username ‘hairy daddy’; (Charge 5)

5)Internet username ‘dad4yng’; (Charge 6)

6)Internet username ‘auskok’; (Charge 7)

7)Internet username ‘strictmastr’; (Charge 8)

8)Internet usnerman ‘hardaussi’. (Charge 9)

1. Mr C B failed to report the above listed email addresses and usernames to the Chief Commissioner of Police as required under the SORA (Charges 1, 3, 4, 5, 6, 7, 8, 9 – Fail to Comply with Reporting Obligations).

Re: Indictment J11810089 –  Charge 2 –  Knowingly Possess Child Abuse Material

1. As a result of the analysis of the mobile phone, 42 images and 1 video of Child Abuse Material were discovered. The Child Abuse Material was categorised as follows:

1)   7 images depicted no sexual activity;

2)27 images depicted solo sexual activity or sexual activity between children;

3)6 images depicted an adult and child engaged in non-penetrative sexual activity;

4)2 images depicted an adult and child engaged in penetrative sexual activity.

5)   1 video depicting an adult and child engaged in penetrative sexual activity. Re: Indictment 1802116: Contravene Supervision Order.

1. By knowingly possessing child abuse material Mr C B failed to comply with a restrictive condition of the Supervision Order, namely condition 5.1, by committing a relevant offence in Victoria. (Charge 1 - Contravene Supervision Order).

Chronology:

1 July 2017:               Date of Offending in relation to Indictment J11810089 (Charge 1: failing to report email address)

1 February 2018:       Supervision Order;

17-19 April 2018:      Dates of Supervision Order Breaches x 3 (CR: 18-00860)

19  April 2018:            Offending date for possess child abuse material charge; Accused arrested, charged and remanded

20  April 2018:            Magistrates’ Court Mention: Charges x 3 transferred to County Court;

11 May 2018:            1st Mention in Magistrates’ Court;

4 July 2018:Accused charged with 9 charges of failing to comply with reporting obligations under the SORA and one (1) charge of knowlingly possess child abuse material;

6 July 2018:   Original breach mention- adjourned due to CAM/SORA charges proceeding through indictable stream;

11 October 2018: Filing Hearing/Committal mention for Indictment J11810089 (CAM/SORA charges). Accused pleaded guilty and was committed to the County Court for plea;

19 October 2018:       County Court Mention:  Indictment J11819989 filed;

19 February 2019:     County Court Plea;

1. Following the arraignment of Mr C B on indictment J11810089, a direct indictment will be filed containing 1 count of contravening a supervision order contrary to s 169(1) of the new Act (Indictment 1802116).

Serious Offenders Act 2018

1. The Serious Offenders Act 2018 (‘the current Act’) commenced on 3 September 2018 repealing the Serious Sex Offenders (Detention and Supervision) Act 2009 (‘the previous Act’).1

1. The transitional provisions of the current Act provide that supervision orders made under the previous Act continue in force under that act until they end or are replaced.2

1. Further, the previous Act continues to apply to any criminal proceedings commenced under that act before the commencement of the current Act as if it had not been repealed.3

1. The charges the subject of proceeding CR-18-00860 commenced upon the filing of the charge- sheet on 19 April 2018, thus the previous Act continues to apply as if it had not been repealed to those charges.

1. The charge the subject of direct indictment No 1802116 filed on 19 February 2019 has been commenced under the new Act and thus it is that act which applies to that charge.

Pre-Sentence Detention

1 Serious Offenders Act 2018 s 350.

2  Serious Offenders Act 2018 sch 4, cl 4.

3  Serious Offenders Act 2018 sch 4, cl 12.

1. Mr C B has spent 306 days in custody to be declared as pre-sentence detention (19 April 2018 to 18 February 2019, inclusive).

Maximum Penalties

1. Breach of Supervision Order - Level 6 imprisonment (5 years maximum) per s 160(1) of the

Serious Sex Offenders (Supervision and Detention) Act 2009.

1. Fail to Comply with Reporting Obligations – Level 6 imprisonment (5 years maximum) per s 46 of the Sex Offenders Registration Act 2004.

1. Knowingly Possess Child Abuse Material – Level 5 imprisonment (10 years maximum) per s 51G(2) Crimes Act 1958.

1. Contravene Supervision Order – Level 6 imprisonment (5 years maximum) per s 169(1) of the

Serious Offenders Act 2018.

Serious Sexual Offender

1. Mr C B is a serious sexual offender pursuant to s 6B of the Sentencing Act 1991 thus Part 2A of that act applies.

1. The charge of knowingly possessing child abuse material pursuant to s 51G(1) is an offence within Schedule 1: Serious Offender Offences. Accordingly, the accused is to be sentenced on this charge pursuant to the Serious Offender Provisions.

Orders/Declarations

1. The Court may comply with s 6AAA of the Sentencing Act 1991 and may cause that to be noted in the records of the Court.