Director of Public Prosecutions v Seccombe
[2024] VCC 1178
•1 August 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Restricted Suitable for Publication |
GENERAL LIST
Case No. CR-24-00976
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CHRISTOPHER SECCOMBE |
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JUDGE: | Palmer | |
WHERE HELD: | Latrobe Valley | |
DATE OF HEARING: | 1 August 2024 | |
DATE OF SENTENCE: | 1 August 2024 | |
CASE MAY BE CITED AS: | DPP v Seccombe | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1178 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Use carriage service to procure child abuse material - Commonwealth offence – Possess child abuse material - State offence – Schedule 2 offence – Remorse – little need for specific deterrence – Good prospects of rehabilitation
Legislation Cited: Crimes Act 1914 (Cth); Criminal Code (Cth); Crimes Act 1958 (Vic)
Cases Cited:Woods v R [2023] NSWCCA 37.
Sentence: 30 month community correction order
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms S McDougall | Office of Public Prosecutions |
| For the Accused | Ms K McFarlane | McFarlane Criminal Lawyers |
HIS HONOUR:
Circumstances of offending[1]
[1] The circumstances of offending are set out in detail in the Summary of Prosecution Opening for Plea (10 July 2024). I have also read and considered the material provided by the defence –Defence’s Written Plea Outline of Submissions (30 July 2024), character reference from Cheyenne Seccombe (31 July 2024), letter of engagement from Peter Winter (10 July 2024) and psychological report of Jeffrey Cummins (8 February 2024).
Christopher Seccombe, on 1 December 2021, you started an online conversation with a 13 year old girl, Mary Polter[2]. In the course of that conversation, you offered to buy intimate photos of her. Later that day you transferred $40 to her bank account. Over the next seven days, Ms Polter sent you a total of 166 photos and 8 videos of herself.
[2] A pseudonym
The images and videos fall within Category 2 of the Interpol Baseline Categorisation System for child abuse material, including material that shows the breast area of a female child.
Your offending came to light when Ms Polter’s phone was handed in to a police station. Analysis of the phone showed that she had been in a Snapchat conversation with a particular user. The investigative trail led to you.
On 22 October 2023 police executed a search warrant at your home and seized your iPhone and laptop. The images sent by Ms Polter were found on your phone. Although you initially denied knowing anybody by the name of Mary Polter, or transferring money to such a person, when confronted with the evidence you made full admissions.
You have pleaded guilty to two charges:
a.Soliciting child abuse material using a carriage service, contrary to section 474.22(1) of the Criminal Code (Cth), the maximum penalty for which is 15 years imprisonment; and
b.Possessing child abuse material, contrary to section 51G(1) of the Crimes Act 1958 (Vic), the maximum penalty for which is 10 years imprisonment.
Personal circumstances and other subjective matters
You were born and raised in Gippsland by a loving family, in a stable home. You married your wife Cheyenne in February 2022, and have a daughter Elliott with her. You are expecting your second child later this year. Cheyenne has stood by you.
You are now 34 years old, and were 31 years old at the time of the offending. You have no prior or subsequent criminal history, no mental health diagnoses and no issues with drug or alcohol abuse. You have been in stable employment since you left school.
You are deeply remorseful for your conduct, and pleaded guilty at the earliest reasonable opportunity. You have undertaken counselling to help you understand your offending.
Your offending appears to be an aberration in an otherwise law-abiding life. I find that there is little need for specific deterrence, and that your prospects for rehabilitation are excellent.
With child abuse material offending, general deterrence is always an important consideration. However, I accept the defence submission that your offending is at the lower level of seriousness for offending of this kind.
Your counsel submitted that a community correction order (CCO) was the appropriate disposition. The prosecution accepted that a CCO was within range,[3] but submitted that it should include a strongly punitive element. I am of the same opinion.[4]
[3] A CCO is available as a sentencing disposition by virtue of s 20AB of the Crimes Act 1914 (Cth).
[4] For current sentencing practice, the parties referred me to the case of Woods v R [2023] NSWCCA 37, which I found to be of some assistance.
Before I can impose a CCO, you need to consent to it. If I cannot impose a CCO because you do not consent, then the only adequate sentencing option available to me would involve a term of imprisonment.
The CCO I intend to impose will be of two and a half years duration. The parties agreed that there was no need for conditions relating to drug or alcohol treatment, or mental health. However, Corrections took a different view about a mental health condition, and I agree with Corrections.[5]
[5] Community Correction Order Assessment Outcome Report (1 August 2024).
If you breach the CCO by committing further offences, you can be charged and a sentence of imprisonment is one of the options that can be imposed for that breach. You can also be re-sentenced for the offence which is currently before me. That might include imposing a term of imprisonment. I will make an order that any breach by you of this CCO be brought back before me.
If you had not pleaded guilty, I would have sentenced you to a term of imprisonment. I am instead imposing the following sentence:
a.On the charge of soliciting child abuse material, I convict you and impose a two and a half year CCO containing supervision, mental health, offender behaviour and unpaid community work conditions. I direct that the sentence starts today.
b.On the charge of possessing child abuse material, I convict you and impose a two and a half year CCO containing only the mandatory conditions, to run concurrently with the CCO for the Commonwealth charge.
Both charges are class 2 offences under the Sex Offenders Registration Act 2004 (Vic). I declare that you are a registerable offender and are subject to reporting obligations for 15 years. You must report to Victoria Police within seven days from now.
I also order that your iPhone be forfeited.
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