R v Bowen

The respondent, Bowen, was charged with using a carriage service to access child abuse material. The matter was heard in the County Court of Victoria. Bowen contested the charge and the matter proceeded to trial. The court had to decide whether the prosecution had proved the elements of the offence beyond reasonable doubt and, if so, what sentence should be imposed.

The court considered the evidence presented and found that the prosecution had proven each element of the offence. The court was also required to consider the mandatory minimum sentencing provisions under section 16AAB of the Crimes Act. The court found that the mandatory minimum sentence applied and sentenced Bowen to a term of imprisonment of 3 years and 10 months with a non-parole period of 2 years and 6 months.

In addition to the sentence, the court ordered the forfeiture of the Samsung A12 - exhibit number X0001698459 under section 23ZD of the Crimes Act. Bowen has the right to appeal the conviction and/or sentence within 28 days of the judgment.