THE QUEEN v STEPHEN ROSS LANHAM
[2014] ACTSC 128 (24 April 2014)
CRIMINAL LAW – Judgment and Punishment – Sentencing – Possession of child pornography – Using a carriage service to transmit child pornography
EVIDENCE – Expert evidence – Scale for analysing child pornography – CETS – Levels and guides
Crimes Act 1900 (ACT), s 65(1)
Crimes (Sentence Administration) Act 2005 (ACT)
Criminal Code Act 1995 (Cth), ss 473.1, 474.19(1)(a)(i), Pt 10.6
Director of Public Prosecutions v Dawson (Unreported, Victorian County Court, Mullaly CCJ, 11 April 2013)
Director of Public Prosecutions v Langsford (Unreported, Victorian County Court, Punshon CCJ, 8 March 2013)
Dodge v The Queen (2002) 134 A Crim R 435
Goundar v Goddard (2010) 240 FLR 176
Minehan v The Queen (2010) 201 A Crim R 243
R v Bolbot [2013] SASCFC 110
R v Cooper [2012] ACTCA 9
R v Fulop (2009) 236 FLR 376
R v Gent (2005) 162 A Crim R 29
R v Liddington (1997) 18 WAR 394
R v Oliver (1980) 7 A Crim R 174
R v Oliver [2003] 1 Cr App R 28
R v Paintings, Drawings and Photographic Slides of Paintings (1995) 30 CRR (2d) 124
R v Shelford [2013] NSWDC 102
R v Whiley [2010] NSWCCA 53
EX TEMPORE JUDGMENT
No. SCC 199 of 2013
Judge: Refshauge J
Supreme Court of the ACT
Date: 24 April 2014
IN THE SUPREME COURT OF THE )
) No. SCC 199 of 2013
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
v
STEPHEN ROSS LANHAM
ORDER
Judge: Refshauge J
Date: 24 April 2014
Place: Canberra
THE COURT ORDERS THAT:
Mr Lanham be convicted of intentionally possessing child pornography on 20 December 2012.
Mr Lanham be sentenced to fifteen months’ imprisonment from today.
The sentence be suspended from 24 April 2014 for a period of three years.
Mr Lanham be required to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of three years with the following conditions:
(a) a probation condition that he be under the supervision of the Director-General or her delegate for a period of two years or such lesser period that the person delegated to supervise him considers appropriate;
(b) that he obey all reasonable directions of the person delegated to supervise him especially as to his participation in therapy or counselling to address sexual offending;
(c) that he report to the office of ACT Corrections at Eclipse House, London Circuit, Canberra City on or before 4:00 pm on Monday 28 April 2014;
(d) that he perform one hundred and fifty hours of community service work within twelve months from today.
Mr Lanham be convicted of using a carriage service to transmit material which was child pornography material between 24 October 2012 and 31 October 2012.
Mr Lanham be sentenced to twelve months’ imprisonment to commence on 24 November 2014, that is to be cumulative as to eight months on the sentence for possessing child pornography.
Mr Lanham…
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- R v Lanham [2014] ACTSC 128
- Case
- [2014] ACTSC 128
- Decision Date
CaseChat Overview and Summary
The court had to determine the appropriate sentences for each of the offences, taking into account the relevant legal frameworks and precedents. A key issue was the assessment of the gravity and circumstances of the offences, particularly given the use of a carriage service to disseminate and access child pornography. The court also considered the mitigating factors presented by the defence, such as Mr. Lanham's otherwise good character and his expressions of remorse. Additionally, the court had to apply the correct sentencing guidelines, particularly those relating to the severity of the offences and the need for deterrence and rehabilitation.
The court found Mr. Lanham guilty of all charges. In determining the sentences, the court considered the aggravating factors, including the impact on the victims and the community, as well as the need to protect the public. For the possession charge, the court sentenced Mr. Lanham to fifteen months' imprisonment, suspended for three years, with conditions including probation supervision, community service, and participation in therapy. For the transmission charge, the court imposed an additional twelve months' imprisonment, to commence on 24 November 2014, and for the access charge, an additional three months' imprisonment, to commence on 24 October 2015. Mr. Lanham was also released on bail pending appeal, subject to conditions.
The final orders of the court included convictions for each offence and specified sentences with conditions for suspension, probation supervision, community service, and financial penalties. The sentences were to be cumulative where appropriate, and Mr. Lanham was required to meet specific obligations to ensure compliance and rehabilitation.
Orders
Orders of the court
1.Mr Lanham be convicted of intentionally possessing child pornography on 20 December 2012.
2.Mr Lanham be sentenced to fifteen months’ imprisonment from today.
3. The sentence be suspended from 24 April 2014 for a period of three years.
4. Mr Lanham be required to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of three years with the following conditions:
(a) a probation condition that he be under the supervision of the Director-General or her delegate for a period of two years or such lesser period that the person delegated to supervise him considers appropriate;
(b) that he obey all reasonable directions of the person delegated to supervise him especially as to his participation in therapy or counselling to address sexual offending;
(c) that he report to the office of ACT Corrections at Eclipse House, London Circuit, Canberra City on or before 4:00 pm on Monday 28 April 2014;
(d) that he perform one hundred and fifty hours of community service work within twelve months from today.
5. Mr Lanham be convicted of using a carriage service to transmit material which was child pornography material between 24 October 2012 and 31 October 2012.
6. Mr Lanham be sentenced to twelve months’ imprisonment to commence on 24 November 2014, that is to be cumulative as to eight months on the sentence for possessing child pornography.
7. Mr Lanham be released upon giving security in the sum of $1,000 to be of good behaviour for a period of three years from today and that he be under the supervision of a probation officer appointed by the Director-General for a period of two years from today or such lesser period as the person appointed to supervise him considers appropriate and that he obey all reasonable directions of the person appointed to supervise him.
8. I convict you of using a carriage service to access material that is child pornography between 25 October 2012 and 5 November 2012.
9. I sentence you to three months’ imprisonment to commence on 24 October 2015, that is to be cumulative as to two months on the sentence for using a carriage service to transmit child pornography.
10. Mr Lanham be released upon giving security in the sum of $300 to be of good behaviour for three years from today.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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