R v Barber

In the Supreme Court of the Australian Capital Territory, the offender Stephen John Barber was convicted of six offences involving the use of a carriage service to access child pornography and child abuse material, and possessing or controlling child abuse material. Each offence carries a maximum penalty of 15 years' imprisonment. The offender pleaded guilty to all charges and has been in custody since 18 November 2020. The court accepted that the offender had entered his pleas at the earliest available opportunity and granted a 25 per cent discount on his sentence.

The court considered various factors in determining the appropriate sentence, including the objective seriousness of the offences, the offender's subjective features, and other relevant considerations. The offences involved a substantial quantity of child abuse material, with approximately half of the material being Category 1 (sexually suggestive) and a significant proportion being Category 4 (penetrative sexual activity) or Category 5 (sadism, bestiality, humiliating acts, torture, or child abuse). The offender's mental health problems, depression, and substance abuse disorders may have impacted his ability to inhibit impulses, but these factors did not significantly reduce his moral culpability or impact on the sentencing purposes.

The court considered the sentencing purposes, including general deterrence, personal deterrence, and rehabilitation. While the offender's prospects for rehabilitation are uncertain, he has expressed a desire to understand the reasons behind his offending conduct and is willing to accept treatment. The court also considered sentencing patterns throughout the Commonwealth to ensure reasonable sentencing consistency between different jurisdictions.

The court imposed the following sentences: four months' imprisonment for using a carriage service to access child pornography material, 11 months' imprisonment for using a carriage service to access child abuse material (two counts), two years' imprisonment for possessing or controlling child abuse material, and nine months' imprisonment for using a carriage service to access child abuse material and possessing or controlling child abuse material (two counts). The total sentence is two years and six months' imprisonment, with the offender to be released on recognizance after serving 15 months of the term of imprisonment, subject to certain conditions.

Finally, the court made an order that the items listed in paragraph [9] and the offender's Telstra mobile phone be forfeited to the Commonwealth.