R v Glasheen

The appellant, Glasheen, was convicted by a jury of using a carriage service to access child abuse material, contrary to section 274.2 of the Commonwealth Criminal Code Act 1995. The appellant was also found to be a registerable person under the Sex Offender Registration Act 2004. The appeal was against sentence. The issues for determination by the Court were whether the sentence was manifestly excessive and whether the trial judge had erred in failing to properly consider the statutory discounts available to the appellant. The Court found that the sentence was not manifestly excessive. The court was required to have regard to the seriousness of the offence and the culpability of the offender. The court was also required to have regard to the appellant’s remorse, prospects of rehabilitation, and the need for general and specific deterrence. The court found that the appellant’s culpability was high. The appellant was aware of the criminal nature of his conduct and was motivated by a desire to view the material. The appellant had previous convictions for sexual offences and had failed to comply with the orders of the court. The appellant’s remorse was genuine, albeit belated. The prospects of rehabilitation were poor, and there was a significant risk of reoffending. The court found that the trial judge had properly considered the statutory discounts. The court found that the sentence was appropriate and not manifestly excessive. The Court dismissed the appeal against sentence. The court made a forfeiture order in relation to the laptop used in the offence.