Maine v R

Maine was convicted in the County Court of Victoria of using a carriage service to access child pornography material, and of knowingly possessing child pornography material. Maine appealed against his sentence, arguing that the individual sentences and the total effective sentence were manifestly excessive. The appeal was heard in the Court of Appeal of the Supreme Court of Victoria. The appeal court was required to determine whether the trial judge erred in the assessment of the seriousness of the offending and in the imposition of the sentences.

The appeal court found no error in the trial judge's assessment of the seriousness of the offending, noting that the offending was of a serious nature and that the prior convictions for similar offending warranted a severe sentence. The court also found that the offending occurred only a few months after Maine's parole period expired, indicating a lack of rehabilitation and a high risk of reoffending. The appeal court held that the trial judge had properly considered the principles of sentencing and had imposed a sentence that was appropriate in the circumstances. The appeal was dismissed.

The court did not make any orders.