Hulsman v The King - [2025] VSCA 63

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2024 0194

ANDREW HULSMAN	Applicant
v
THE KING	Respondent

---

JUDGE:	BEACH JA
WHERE HELD:	Melbourne
DATE OF HEARING:	On the papers
DATE OF JUDGMENT:	8 April 2025
MEDIUM NEUTRAL CITATION:	[2025] VSCA 63
JUDGMENT APPEALED FROM:	[2024] VCC 1466 (Judge Doyle)

---

CRIMINAL LAW – Sentence – Application for leave to appeal against sentence – Using a carriage service to access child abuse material – Using a carriage service to transmit child abuse material and causing child abuse material to be transmitted – Possessing or controlling child abuse material obtained or accessed using a carriage service – Individual sentence of 4 years and 2 months on two of the charges – TES of 6 years, with NPP of 3 years and 9 months – Manifest excess – Whether individual sentences or TES or NPP manifestly excessive – Not reasonably arguable that any sentence or order is manifestly excessive – Application for leave to appeal refused.

---

Counsel
Applicant:		Mr S Cooper
Respondent:		Ms K Breckweg with Ms E Addams
Solicitors
Applicant:	Doogue & George
Respondent:	Mr M de Crespigny, Commonwealth Solicitor for Public Prosecutions

BEACH JA:

On 20 August 2024, the applicant pleaded guilty in the County Court to one charge of using a carriage service to access child abuse material[1] (charge 1), one charge of using a carriage service to transmit child abuse material and cause child abuse material to be transmitted[2] (charge 2), and one charge of possessing or controlling child abuse material obtained or accessed using a carriage service.[3]
[1]Contrary to s 474.22(1) of the Criminal Code 1995 (Cth).
[2]Contrary to s 474.22(1) of the Criminal Code.
[3]Contrary to s 474.22A(1) of the Criminal Code.
On 13 September 2024, the applicant was sentenced as follows:[4]
[4]DPP v Hulsman [2024] VCC 1466 (‘Reasons’).

Charge	Offence	Minimum penalty	Maximum penalty	Sentence	Cumulation
1	Using a carriage service to access child abuse material.	4 years	15 years	3 years and 3 months	10 months
2	Using a carriage service to transmit child abuse material and causing child abuse material to be transmitted.	4 years	15 years	4 years and 2 months	Base
3	Possessing or controlling child abuse material obtained or accessed using a carriage service.	4 years	15 years	4 years and 2 months	1 year
Totaleffectivesentence:		6 years
Non-parole period:		3 years and 9 months
Pre-sentence detention:		388 days

The applicant now seeks leave to appeal against sentence. His single proposed ground of appeal is as follows:
1.The individual sentences on charges 2 and 3, orders for cumulation on charges 1 and 3, total effective sentence and non-parole period fixed are each manifestly excessive.
Particulars
(i)The sentencing judge erred in his finding that the applicant’s moral culpability was ‘remained significant’ given the evidence before the Court of the applicant’s mental functioning and difficult upbringing.
(ii)The sentencing judge gave insufficient weight to the principle of totality.

Circumstances of the offending

The applicant’s offending occurred between 24…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hulsman v The King

Details

AGLC: Hulsman v The King [2025] VSCA 63
Case: [2025] VSCA 63
Decision Date: 8 April 2025

CaseChat Overview and Summary

Hulsman brought an application for leave to appeal against his sentence in relation to various child abuse material charges. The appeal was heard by the High Court of Australia. Hulsman was found guilty of using a carriage service to access, transmit, and control child abuse material. He was sentenced to an individual sentence of 4 years and 2 months imprisonment on two of the charges and a total effective sentence (TES) of 6 years, with a non-parole period (NPP) of 3 years and 9 months. The key issue before the court was whether the individual sentences, the TES, or the NPP were manifestly excessive.

The court found that the sentences were within the range of appropriate penalties for such offences and were not manifestly excessive. Hulsman's arguments that the individual sentences or the TES and NPP were manifestly excessive were not reasonably arguable. The court emphasised that the severity of the offences and the need for deterrence and denunciation justified the sentences imposed. The court held that it was not reasonably arguable that any of the sentences or orders were manifestly excessive. As a result, the application for leave to appeal was refused.

Orders