R v Abram Warwick

[2020] NSWDC 31

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Abram WARWICK [2020] NSWDC 31
Hearing dates:	28 February 2020
Decision date:	03 March 2020
Jurisdiction:	Criminal
Before:	NOMAN SC DCJ
Decision:	The overall sentence is one of 3 years and 5 months with an overall non-parole period of 1 year and 9 months. The non-parole period will expire on 1 December 2021.
Catchwords:	SENTENCING - Penalties - Imprisonment – plea of guilty – possess child abuse material – use carriage service to access child abuse material – use carriage service to transmit child abuse material - use carriage service to make available child abuse material – general deterrence – prospects of rehabilitation – totality.
Legislation Cited:	Criminal Code Act 1995 (Cth); Crimes Act 1900 (NSW) Crimes Act 1914 (Cth); Crimes (Sentencing Procedure) Act (1999) NSW.
Category:	Sentence
Parties:	Regina (Crown); Abram Warwick (Offender).
Representation:	Solicitors: Ibbett (Crown); Tiedt (Offender).
File Number(s):	2018/352397; 2019/67497

Judgment

1. Abram Warwick, the offender, appears for sentence on six Commonwealth offences and one State offence all relating to his possession or use in some manner of child abuse material.

2. The offender entered pleas of guilty in the Local Court on 8 October 2019 to all seven charges.

3. Five offences are either of making available, transmitting or accessing child abuse material and are contrary to s.474.19[1] of the Commonwealth Criminal Code. This offence has a maximum penalty of 15 years imprisonment.

4. There is one offence of committing at least three of the offences under s.474.19 to at least two persons contrary to s.474.24A[1] of the Commonwealth Criminal Code. This offence has a maximum penalty of 25 years imprisonment.

5. The sole State offence is for possessing child abuse material contrary to s.91H[2] Crimes Act. This offence has a maximum penalty of 10 years imprisonment.

6. The maximum penalty for an offence reflects the seriousness with which each offence is regarded.

7. The Crown tendered agreed facts as part of Exhibit A on sentence. I have had regard to the entire document although for delivering my reasons for sentence intend to incorporate only select parts.

8. The offences involve the use of two social media applications.

9. ‘Tumblr’ is a blogging and social networking website that allows users to create accounts and post content such as photos and videos. Every ‘Tumblr’ user has a unique individual username which is used to create an account and navigate through the website. ‘Tumblr’ allows users to search for content that other users have posted, to comment on those posts, to share them and to ‘like’ posts. The offender used his own information to create each account.

10. ‘Wickr Me’ is an end-to-end encrypted messaging application that promotes secure file sharing between peers. The users create a username that allows conversation with an increased level of privacy.

11. Some of the child abuse material located was classified in accordance with CETS classification.

Sequence 26 – Use Carriage Service to Make Available Child abuse material

12. This offence occurred between 28 August 2018 and 15 November 2018 and involved the use of three Tumblr accounts. The first was active for a period of 21 days, the second for 9 days and the third for 47 days. The offender was not responsible for the cessation of any of the accounts. During this period a total of 72 child abuse material images or videos were posted and classified and a further 21 that were not classified in the facts although the agreed facts refer to some in summary and note the CETS classification. Although the images appear to cover a range of ages, the description of some images depicted very young children.

Tumblr Account: alwayslovecheekylittlemonkeys

13. The ‘Tumblr’ account known as ‘alwayslovecheekylittlemonkeys’ was active between 28 August 2018 and 18 September 2018. The account was terminated by ‘Tumblr’ due to its content. During the period that the account was active, a total of 38 videos and images were made available by the account owner to other users of ‘Tumblr’.

14. On 12 September 2018 child abuse material was uploaded. Police captured, copied and saved the 37 videos and images of child abuse material. These videos and images were examined by the AFP and categorised as follows:

CETS Category	Videos/Images
1	10
2	2
3	14
4	4
5	3
6	4

15. The worst of the content found on the ‘Tumblr’ account included:

• Naked Prepubescent females (aged between 6 and 8) handcuffed and bound whilst performing oral sex on adult males and in one instance having a toy inserted into her anus;

• Naked prepubescent females (aged between 6 and 8) having vaginal and anal sex with adult males; and

• Naked prepubescent females (aged between 6 and 8) performing oral sex on adult males.

Tumblr Account: welovecheekylittlemonkeys

16. On 28 September 2018, the AFP received a report regarding a ‘Tumblr’ account under the name of ‘welovecheekylittlemonkeys’. The report further mentioned that the ‘Tumblr’ user had their content located on a ‘Wickr Me’ account under the username ‘adaminaus’.

17. The ‘Tumblr’ account known as ‘welovecheekylittlemonkeys’ was active between 19 September 2018 and 28 September 2018. The account was terminated by ‘Tumblr’ due to its content.

18. During the period that the account was active, a total of 44 videos and images were made available by the account holder to other users of ‘Tumblr’.

19. On 26 September 2018 child abuse material was uploaded. Police captured, copied and saved the 35 videos and images of child abuse material. These videos and images were examined by the AFP and categorised as follows:

CETS Category	Videos/Images
1	16
2	6
3	2
4	8
5	3
6	0

20. Some of the content found on ‘welovecheekylittlemonkeys’ is the same as the images and videos found on the ‘tumblr’ account known as ‘alwayslovecheekylittlemonkeys’.

21. Some of the content found on ‘welovecheekylittlemonkeys’ has been described by the AFP as follows:

• Naked Prepubescent females (aged between 6 and 8) handcuffed and bound;

• Naked prepubescent females (aged between 6 and 8) having oral and vaginal sex with other naked male and female children (aged between 6 and 10) and adult males; and

• Naked prepubescent females (aged between 6 and 8) performing oral sex on adult males.

Tumblr Account: lovecheekylittlemonkeys

22. On 15 November 2018, members of the AFP executed a search warrant on the offender’s residence. The offender provided passwords and access to a number of electronic items found at the premises.

23. The AFP accessed the offender’s mobile phone which revealed that the offender was the administrator of the ‘Tumblr’ account known as ‘lovecheekylittlemonkeys’ which had 628 followers. An analysis of the account revealed that between 30 September 2018 and 15 November 2018, a total of 21 videos and images were made available by the offender to other users of ‘Tumblr’.

24. Police captured, copied and saved the 21 videos and images of child abuse material that was on the ‘Tumblr’ account. Some of the content found on the ‘Tumblr’ account has been described by the AFP as follows:

Medium	Age	Description	CETS Category
Video	6-8	Female child using her feet to rub an adult male penis	3
Image	14-16	Female child performing oral sex on an adult male whilst inside a vehicle with the comment, “Hi, I’m Amber and I’ll be your UberSlut today… Please give me 5 stars sir…”	4
Image	8-12	Pre-pubescent female child lying lying on the floor looking up at the camera. The Accused accompanied the image with the comment, “Look at what my wife got me for my birthday. So considerate”.	1
Image	8-10	Female child sitting on the face and groin of a male child (aged between 8 to 10 years of age) with the comment – “ohhh noo you’ve definitely pinned me. I’d hate to get your yucky vagina on my face!”.	1
Image	Female child’s arm (age unknown) with her fist and arm inside the vagina of an adult female. The adult female is thrusting the arm of the child in and out of her vagina. The Accused accompanied the video with the comment – “Helpful little monkey”.	4
Image	14-16	Female child having sexual intercourse with an adult male. The Accused accompanied the video with the comment – “With practice and patience anything is possible”.	4
Video	6-8	Female child with no underwear performing oral sex on another female child with no underwear.	2

Sequence 27 – Possess Child Abuse Material

25. A number of electronic items were found during the search warrant including a computer tower and mobile phone. An examination of the electronic devices revealed 19 videos and images of child abuse material.

26. AFP described some of these files in the following manner:

• Image of pre-pubescent female child exposing her vagina;

• Video of pre-pubescent female child rubbing her naked chest;

• Image of pre-pubescent female engaged in oral sex with an adult male.

27. The child abuse material was classified by AFP into the following categories:

CETS Category	Videos/Images
1	6
2	8
4	4
6	1

Sequence 28 – Use Carriage Service to Access Child abuse material

28. Examination of the social media applications found on the mobile phone, ‘Tumblr’ and ‘Wickr Me’, revealed that between 30 September 2018 and 15 November 2018 the offender had been accessing child abuse material.

29. The offender was the administrator of the ‘Tumblr’ account ‘lovecheekylittlemonkeys’ and as at 15 November 2018, the offender was ‘following’ 22 ‘Tumblr’ accounts that had names indicative of child abuse material, including ‘Childrennude’, ‘Grandpa-pedo’ and ‘cheekylilone’.

30. Navigation of the ‘Tumblr’ application revealed that between 30 September 2018 and 15 November 2018 the offender had accessed and ‘liked’ a total of 52 images and videos that other ‘Tumblr’ users had made available through the application. The facts do not disclose the CETS classification of the images ‘liked’ nor over how many occasions the offender accessed the material.

31. On one occasion, the offender ‘liked’ an image of a pre-pubescent female (aged between 10 and 12 years of age) having vaginal sex with an adult male and commented on the image the following, “Little girls belong in the laps of Men”.

32. AFP have entered into the offender’s ‘Wickr Me’ account and saw that on 11 November 2018, another ‘Wickr Me’ user has sent to the offender the following material:

Medium	Age	Description	CETS Category
Video	4-6	Female child (aged between 4 to 6 years of age) performing oral sex on another female child (aged between 4 to 6 years of age)	2
Image	8-10	Female child in a sexual pose exposing her rectum.	1

33. The offender accessed this material and responded to these posts with the word, “Beautiful”.

Sequence 29 – Use Carriage Service to Transmit Child abuse material – via ‘Wickr Me’

34. Between 15 October 2018 and 15 November 2018, the offender used his ‘Wickr Me’ account to transmit child abuse material to other ‘Wickr Me’ users on 13 occasions. The facts do not disclose the CETS classification of each image.

35. One of these transmissions was a video to a group consisting of 2 other ‘Wickr Me’ users. The video was of a naked female child (aged approximately 6-8 years of age) performing oral sex on an Adult male. Along with the video, the offender commented, “Cutie of the day…She’s gonna grow up with a healthy love of sucking cock coz of these fond memories”.

36. The same video was sent to a group of 3 other ‘Wickr Me’ users with the same comment being made with the transmission of the video.

37. The other eleven transmissions were to individual ‘Wickr Me’ users in the following manner:

Medium	Age	Description	CETS Category
Video	6-8	Female child performing oral sex on an adult male to 9 ‘Wickr Me’ users	4
Video	8-10	Two female children kissing in an erotic manner to 1 ‘Wickr Me’ user. Along with this transmission the Accused has commented the following: “What a nice place that would be to blast a load of cum between their kissing lips”.	6
Image	4-6	Female child exposing her vagina with what looks like semen coming out to 1 ‘Wickr Me’ user. The ‘Wickr Me’ user has responded, saying: “I’m looking for deep web content on anything, the more messed up it is the more links I’ll send u. If it’s just cp we can trade too. I have a lot of links. I will send one cp link to anyone who reblog this post before 12/10/18”. The Accused has responded to this, by saying: “Mandy came up to me and whispered she had a secret. When I asked what she lifted her skirt and showed me her little pussy covered in cum! It looked fresh and there was a lot! I asked whos it was and she just ran off giggling…”.	1

Sequence 30 – Use Carriage Service to Make Available Child abuse material

38. Between 30 September 2018 and 15 November 2018, the offender used his ‘Wickr Me’ account to send a direct URL link to his ‘Tumblr’ account named ‘lovecheekylittlemonkeys’ and to a ‘Mega Cloud’ folder to other ‘Wickr Me’ users.

39. A ‘Wickr Me’ user clicking on this link would have been taken to the offender’s ‘Tumblr’ account and been able to see the child abuse material posted onto that ‘Tumblr’ account. Similarly, a ‘Wickr Me’ user clicking on the ‘Mega Cloud’ link would have discovered 789 files of videos and images of child abuse material. There is no CETS classification of the images. The evidence is that the offender sent a link. There is no evidence he collated the material.

40. A total of 65 individual ‘Wickr Me’ users were sent a direct link to the ‘Tumblr’ account containing the child abuse material and 2 individual ‘Wickr Me’ users were sent a direct link to the ‘Mega Cloud’ website.

Sequence 25 – Attempt to use Carriage Service to Make Available Child abuse material

41. Between 15 and 30 September 2018, the offender used his ‘Wickr Me’ account to attempt to send URL links of his ‘Tumblr’ account named ‘welovecheekylittlemonkeys’ and ‘Mega Cloud’ links to other ‘Wickr Me’ users.

42. A ‘Wickr Me’ user clicking on the ‘Tumblr’ link would have been taken to the offender’s ‘Tumblr’ account and been able to see the child abuse material posted onto that ‘Tumblr’ account. Similarly, a ‘Wickr Me’ recipient clicking the ‘Mega Cloud’ link would have been able to access 789 files of videos and images of child abuse material. The material has not been CETS classified.

43. The offender caused the links to be input into the textbox of the ‘Wickr Me’ conversation and then pressed the ‘send’ button. These messages then appeared on the conversation screen but were marked ‘unsent’.

44. The offender attempted to make available 6 ‘Tumblr’ links and 9 ‘Mega Cloud’ links.

Sequence 24 – Offend against s474.19 >= 3 occasions and >= 2 people – via ‘Wickr Me’

45. Between 30 September 2018 and 15 November 2018, the offender used his ‘Tumblr’ account known as ‘lovecheekylittlemonkeys’ to make available child abuse material to more than 2 other persons. This account is the one supporting sequence 26. This aggravated offence requires the commission of the conduct on at least three occasions by at least two persons. I note the number of users identified and the number of images involved well exceeds the minimum.

46. The offender was the administrator of the ‘Tumblr’ account which had 628 ‘followers’ as at 15 November 2018. A ‘follower’ is another ‘Tumblr’ user that has decided to receive updates of posts made by the account.

47. During this period of offending, a combination of 12 videos and images were made available to other users of ‘Tumblr’ by the offender uploading the material onto his ‘Tumblr’ account. The facts do not disclose the CETS classification of the images ‘liked’.

48. These 12 images and videos were each ‘liked’ by at least 5 other ‘Tumblr’ users, with one image being liked by up to 20 ‘Tumblr’ users.

49. The pleas are early pleas. In considering the principles guiding Commonwealth sentences I consider that the pleas demonstrate a willingness to facilitate the course of justice and are reflective of remorse. In considering the State offence I accept that the plea was entered at an early opportunity. I intend to apply a reduction of 25 % to each sentence to reflect the pleas.

50. The offences are of varying objective seriousness. The type of images, the classification, the number of victims, the age of victims and the number of images, and whether the use was for personal or commercial use are all relevant to inform the seriousness. The Crown set out these guiding principles in the Crown Written Submissions at [10]. Mr Tiedt set out the principles in the Defence Written Submissions [31]-[33]. I acknowledge the relevant considerations.

51. I am assisted by Mr Tiedt’s written submissions addressing the factors informing each offence. However, I propose to consider all the material classified rather than focus on the number that fall only in the lower CETS classifications.

52. I accept there was no commercial gain and that the offender did not create any of the material. He shared or was prepared to share the images in various ways. He said he downloaded the material covered by the State charge to both access and share. I am cognisant that different assertions are made concerning the s.474.19 offences and that I am considering either making available, transmitting or accessing conduct. I do not however determine that this impacts on the assessment of the seriousness as the offender was obtaining images for the ultimate purpose of sharing.

53. I consider that sequence 26 is the most serious single offence based upon the period of time, the circumstances of continued offending after accounts were closed, and the number and nature of the images. I determine that this offence falls at the mid-range of objective seriousness.

54. I determine that the offences, other than sequence 24, all fall well below the mid-range for the offence category, and acknowledge that sequence 25 is an attempt offence. Some slight variation exits within this categorisation. I determine that sequence 24 falls below the mid-range for the offence category

55. As this is a joint State and Commonwealth sentencing exercise I am required to and will consider the purpose of sentencing contained in s16A Commonwealth Crimes Act and s.3 Crimes (Sentencing Procedure) Act.

56. The offender did not receive any commercial benefit. He indicated to the authors of reports and in his evidence that he was swayed by seeking social media popularity. The offender said he progressed unintentionally into child abuse material through accessing adult pornography. He was stressed at the time over his job and his family life including the demands of a new child and assisting his mother. He indicated he sought more extreme material as this aroused the greater response. Sequence 26 reflects the offender’s preparedness to persevere even when he was confronted by his account being closed. The offender said he did not view every image personally that he shared but he appreciated there was a substantial risk it contained child abuse material. He said at the time he ‘compartmentalised’ the risk.

57. He indicated in Court that he also derived sexual arousal from the content. This was not included in any report. In fact, the psychologist, Mr Ballardie, indicated the contrary. The offender is not assessed as meeting the criteria for a paedophilic disorder. His involvement was not for the minimum 6 months required. The fact that he viewed child abuse material, and derived sexual arousal, does reflect some paedophilic tendencies even if not amounting to meeting a psychiatric disorder. The comments added to particular images well supports perusal of images to attribute considered descriptors. The offender’s description in evidence of these comments as ‘light-hearted’ was confronting and reflected some failure to grasp the full impact of his conduct. That the offender could complement degrading and humiliating images with puerile comments compounds the tragedy inherent in circulating such images. His evidence is that he was not compelled by an addiction to child abuse material. I am mindful of his evidence that he primarily engaged in accessing and disseminating child abuse material content to obtain ‘likes’. He said he was initially exposed to the material through targeted suggestions from his other usage. I accept the evidence that this was driven by his addictive personality. This serves to explain how he became involved in this conduct even though he well understood what he was doing was wrong and was not driven by sexual urges.

45. I consider it particularly disturbing that the offender was prepared to make available images that could be accessed beyond like-minded persons. He indicated in his evidence that the material was available and accessible to followers or persons accessing his page. This demonstrated a disregard to persons who could be inadvertently exposed to such confronting images. Mr Tiedt advanced that the lack of camouflage and preparedness to post publicly operates in the offender’s favour. I accept that this demonstrated a lack of subterfuge. It facilitated ready detection. However, it must be assessed against the offender’s stated aim of seeking favourable responses and popularity. If the material was limited, it would have undermined this drive.

46. There is a temporal cross-over in offending and a component of commonality.

47. These are not victimless crimes. Each access to images further victimises the victim and compounds the initial offending which occurred to obtain the material. Some of the material described would undoubtedly have been harmful at the time and that harm only amplified by the child’s increased awareness as she grew older and gained insight. Some would have occasioned physical pain. Such immediate harm would have been obvious to any viewer.

48. The offender is now aged 39. The offender has a limited criminal history. It deprives the offender of a determination that he is of otherwise good character but the antecedents are not of great consequence. I have considered the type of offences and their relative historical nature. This record does not disentitle him to leniency. These offences are out of character for the offender.

49. The offender was previously employed in IT and retail. He gained employment in a different field after his arrest and is supported by two testimonials from those in the company. It is indicated that the company is aware of his offending and remains committed to continuing his employment.

50. The offender stated alcohol was involved in the offending. Different accounts of his consumption were provided but this is of no relevance. I do not consider this lessens his culpability. He is addressing his alcohol use though Mr Lyleson and this bodes well when considering his prospects of reoffending.

51. The offender was sexually abused on a sole occasion when he was either 8 or 9. The evidence is conflicting as to his age and whether he told anyone or not. I do not doubt that he was abused. The offender spoke of his poor relationship with both parents when he was a child. This background is acknowledged but I do not determine that it is a disadvantage such as to warrant a reduction in sentence.

52. The offender was supported both by written testimonials as well as attendance in court of most of the authors.

53. There is a background of addiction to alcohol, gambling, sex and pornography, as noted by Dr Cassimatis, psychiatrist. Dr Cassimatis opined that the offender had symptoms of ADHD that contributed to his addictive behaviour. He stated the diagnosis of sex addiction required specific treatment as a sufferer of ADHD is more likely to indulge in sex addictions. I acknowledge the offender’s evidence about his long standing use of adult pornography as distinct from his initially inadvertent straying into child abuse material. The offender did not indicate an addiction to child abuse material.

54. Mr Ballardie, diagnosed the offender a having a major depressive disorder, a generalised anxiety disorder and ADHD, all at the time of offending. He stated ADHD is associated with sub-optimal decision making.

55. I consider that the offender’s depression, anxiety, ADHD and issues with addictive conduct serve to only modestly ameliorate moral culpability.

56. The offender gave evidence of his remorse and insight into the impact of the offending. I accept this as genuine. Similar sentiment is contained in the tendered reports and testimonials. It is stated, and I accept, that he has taken full responsibility for his conduct. He has commenced treatment although this is not necessarily targeted to the root of this offending.

57. He is assessed in the sentencing assessment report as falling in the low risk of reoffending. I note that there is no reference to the offender being sexually responsive to the material. There is a direct comment that there is no information about whether there was sexual arousal or deviancy in regards to viewing the images. The offender’s evidence provides a relevant update although how it would influence the assessed risk level is unknown. The psychological assessment refers to the stated use being to obtain an escape or release. Mr Ballardie similarly nominates a low risk of reoffending, but he operated on the basis that there was no sexual arousal from the child abuse material.

58. There is evidently a sexual deviancy that has not been addressed. The offender indicated he needed to take an active role in understanding and addressing his sexual urges relating to child abuse material. He said although he was aroused by some material he also was more driven at the time of offending at ascertaining the public response to the material he disseminated. Dr Cassimatis referred to the offender not receiving treatment for sexual deviant behaviour. The offender said it was being addressed as part of his ongoing holistic treatment with Mr Lyleson, psychologist. This is not stated in either of Mr Lyleson’s reports although there is oblique reference to taking responsibility for mind and actions.

59. The offender said that there was no compulsion to access child abuse material now that he understood the damage caused to victims. He said that there was no appeal to him at all on any level. He accepted in cross-examination that it was part of his makeup that required addressing.

60. General deterrence and denunciation is a paramount sentencing consideration in offences of child abuse material. These offences are committed in private and are difficult to detect. Such offences are increasingly prevalent. I do not regard any of the offender’s mental health issues to lessen the significance of general deterrence.

61. The offender’s prospects of rehabilitation and likelihood of reoffending are positive. I am guided by and accept the risk assessment in the reports. Personal deterrence has a continuing but limited role to play. His adherence to the recommended treatment plan will only enhance his prospects.

62. I have considered Mr Ballardie’s opinion that a custodial sentence will cause the offender psychological distress and that his overall mental condition is likely to deteriorate. I accept that his conditions in custody may be slightly more onerous because of his mental health issues. However, I also note his apparent resilience as evidenced in the witness box.

63. I have taken into account the likely impact on family. The offender is married to his second wife and they have a child born in 2018. His wife was born overseas. Although earning an income, she is financially dependent on his income. It is stated she is not supported by the offender’s mother. It is also stated she may need to return to her birth country for financial reasons if the offender is not able to support her. His wife will experience a loss of income and emotional support. His mother will be deprived of the IT and other assistance the offender provides to her. His father will not have access to physical support with his health issue. His child will be deprived of interaction with one of his parents. These are real concerns but no greater than often encountered.

64. I also have taken into account that the offender has been on bail since arrest. This has entailed a condition that he was not permitted unsupervised access to his son. He has been required to reside with his mother.

65. I am mindful of totality. I accept that sequence 25 is an attempt to commit the same type of offending in sequence 30. However, if it was successful, and formed part of the same charge it would have served to elevate the seriousness. I note the submission advanced on behalf of the offender. Some accumulation is necessary. I accept that sequence 26 is embraced by sequence 24. The overall sentence will reflect that the discrete offences were committed within a relatively short period of offending.

66. I have borne in mind the submission advanced on behalf of the offender that significant leniency is called for. I am satisfied that no sentence other than full time imprisonment is appropriate. The offender was in custody for 1 day after arrest. Sentence will be backdated by one day.

67. Statistics were not provided. It was not suggested that the available statistics would provide any meaningful assistance. I have considered the three cases referred to by the Crown reflecting underlying principles. I accept, as submitted by Mr Tiedt, that none is entirely comparable and there exist relevant points of distinction. The Crown did not assert that any one was entirely comparable.

68. Mr Warwick, on each of the seven offences before the court, you are convicted.

69. After reducing each sentence by 25% I sentence you as follows:

1. Sequence 27, possess child abuse material:   fixed term, reflecting what otherwise would have been the non-parole period, of 9 months to date from 2 March 2020, expiring on 1 December 2020;

2. Sequence 25: attempt make available child abuse material: 13 months imprisonment to date from 2 April 2020, expiring on 1 May 2021;

3. Sequence 30, make available child abuse material:   15 months imprisonment to date from 2 May 2020, expiring on 1 August 2021;

4. Sequence 28: access child abuse material: 15 months imprisonment to date from 2 June 2020, expiring on 1 September 2021;

5. Sequence 29, transmit child abuse material: 18 months imprisonment to date from 2 July 2020, expiring on 1 January 2022;

6. Sequence 26, make available child abuse material: 3 years imprisonment to date from 2 August 2020, expiring on 1 August 2023;

7. Sequence 24, aggravated child abuse material: 3 years imprisonment to date from 2 August 2020, expiring on 1 August 2023.

83. The overall Commonwealth sentence is one of 3 years and 4 months with a non-parole period of 1 year and 8 months. The overall sentence is one of 3 years and 5 months with an overall non-parole period of 1 year and 9 months. The non-parole period will expire on 1 December 2021.

84. Mr Ballardie provided a recommended treatment plan applicable if the offender was incarcerated. I direct that a copy of this report accompany the warrant with the offender as he enters into custody.

85. The Crown made an application for forfeiture of the devices used in the commission of the offences. The offender consented to the making of the order. I direct the devices be forfeited.

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Amendments

03 March 2020 - coversheet - corrected jurisdiction field

Decision last updated: 03 March 2020