R v Forbes

In the case of R v Forbes, the offender was found guilty of using a carriage service to access child pornography and possessing child pornography. The case was heard in a court of law in Australia. The legal issues that the court was required to decide included whether the sentencing judge must view the pornography concerned, whether a representative sample to be viewed by the sentencing judge must be agreed to by both parties, and whether counsel may view child pornography.

The court determined that it was not necessary for the sentencing judge to view all of the pornographic material, as the quantity was high. Instead, the court accepted that a small sample could be viewed, which was asserted to be a "random" sample. The court also found that it was not necessary for the parties to agree on the representative sample. Furthermore, the court held that counsel could view child pornography if necessary for the preparation of the case.

The offender was sentenced to imprisonment for 17 months for using a carriage service to access child pornography and 8 months for possessing child pornography. The sentences were to be accumulated, resulting in a total sentence of 18 months. However, the offender was to be released on a recognizance release order for two years with security of $1,000 for the access offence and a good behaviour order for two years for the possession offence, subject to certain conditions.

In summary, the court held that it was not necessary for the sentencing judge to view all of the pornographic material, and that a small sample could be viewed instead. The court also found that it was not necessary for the parties to agree on the representative sample and that counsel could view child pornography if necessary for the preparation of the case. The offender was sentenced to imprisonment, but no immediate custody was ordered.