Director of Public Prosecutions v Watt

[2025] VCC 239

IN THE COUNTY COURT OF VICTORIA

AT BAIRNSDALE

CRIMINAL JURISDICTION

Revised

Not Restricted

 Suitable for Publication

CR -25-00246

DIRECTOR OF PUBLIC PROSECUTIONS

v

TERRY WATT

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Bairnsdale
DATE OF HEARING:	7 March 2025
DATE OF SENTENCE:	7 March 2025
CASE MAY BE CITED AS:	DPP v Watt
MEDIUM NEUTRAL CITATION:	[2025] VCC 239

REASONS FOR SENTENCE

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Subject: Criminal law - sentence

Catchwords: plea of guilty to one charge of knowingly possessing child abuse material – one image found on mobile phone - offender has no prior convictions – extra-curial punishment in form of delayed trial for other matters of which offender acquitted.

Legislation Cited: Sex Offender Registration Act

Sentence:     Non conviction adjourned undertaking for 12 months

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Moore	Office of Public Prosecutions
For the Accused	Mr A. Malik	Daniel Taylor Lawyers

HER HONOUR: 

1Terry Watt, you have pleaded guilty to one charge of knowingly possessing child abuse material. The maximum penalty for this offence is 10 years' imprisonment. 

2The image was classified as Level 4 using the Interpol classification model.  The image showed a small boy with his penis being sucked by a lamb with the context and the accompanying wording being ostensibly that of a joke.  It is well known that the exploitation of vulnerable children is encouraged by the existence of a market for the creation and possession of such material, hence the serious maximum sentence.

3I am told that you were not aware of that despite being a man of advanced years with long experience in the workforce, that you now comprehend that it is a serious offence and that the attempt to characterise the image as a joke does not ameliorate its seriousness.

4The image was found by police when they executed a search warrant at your home address in March 2022 in relation to allegations made against you.  Consequently, you were arrested and charged with serious sexual offending. 

5The trial commenced on 25 February 2025 and concluded yesterday 6 March, approximately three years after your arrest. You were found not guilty of those charges on 6 March 2025.  The only relevance of that is the long period during which the trial was hanging over your head and the consequent stress which accompanied it.  I have been told that you funded the trial yourself from your retirement fund and with help from your daughters.

6Mr Malik submitted on your behalf that this experience amounts to extra curial punishment.

7You have a history of consistent employment over many years, having worked for companies as an earth mover.  You retired recently because of heart disease, and it is said that the stress of the pending trial had some relevance. 

8You have no prior convictions.

9It was submitted by Mr Malik on your behalf that an adjourned undertaking without a conviction was appropriate and punishment along those lines was not opposed by the prosecution.  There is nothing in your history or circumstances to indicate the need for the protection of the community and specific deterrence probably has little role to play.

10The extra curial punishment is a factor to be taken into account and when combined with the relatively low level of gravity of this offending and a blemish-free criminal record to date, an undertaking to be of good behaviour adjourned for 12 months and without conviction is appropriate.  The next level of suitable punishment, apart from the recording of a conviction, would be a Community Correction Order which is not warranted in the circumstances.

11The prosecution seeks an order for forfeiture and destruction of the mobile phone.  This is opposed by you on the basis that apart from the image in question the phone was not used for any other criminal purpose.  It is an order that is generally made in these cases, and in theory it is warranted by any criminal use, its forfeiture is justified and as a consequence will add to the extra curial punishment appropriately, and I make the order sought.

12There will be a mandatory order under the Sex Offenders Registration Act requiring you to report your details to the police every year for eight years.

13The undertaking is ready to be signed by you now, Mr Watt.  Do you agree to be bound by an undertaking to be of good behaviour for the 12-month period of the adjournment.

14ACCUSED:  (No audible response.)

15HER HONOUR:  You will not be required to attend court on the adjourned date unless you receive notification to do so.  My associate has that undertaking now.  Mr Malik, it's just being taken to Mr Watt in the dock for his signature.

(Undertaking signed and acknowledged)

16MR MALIK:  Thank you, Your Honour, I understand Mr Taylor's in court as well.

17HER HONOUR:  Sorry, what was that.

18MR MALIK:  I understand Mr Taylor's also in court to assist ‑ ‑ ‑ 

19HER HONOUR:  Yes, he is in court, yes, thanks.  I make all those orders that I have just referred to.  Thanks Mr Moore, thanks Mr Malik.

20MR MALIK:  As Your Honour please, thank you.

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