R v Page

The case of R v Page involved the defendant, Page, who was convicted of creating child abuse material by intentionally recording intimate images of a young girl without her consent while she was his guest at an Airbnb property. The matter was heard in the County Court of Victoria. The prosecution appealed the sentence handed down to Page, arguing that it was too lenient. Page, on the other hand, appealed the conviction, contending that the evidence was insufficient to establish the offence beyond reasonable doubt.

The legal issues before the court were whether the prosecution had adequately proved the offence of creating child abuse material and whether the sentence was appropriate. The court had to consider the nature and circumstances of the offence, including the breach of trust by Page as a host and the impact of his actions on the victim. The court also had to examine whether the sentence was manifestly inadequate.

The Court of Appeal found that the prosecution had led the primary judge into error by suggesting that the later possession of the images was evidence of their creation. The court held that the prosecution must ensure that they do not mislead the court in this way. The court found that Page had recklessly created child abuse material, constituting a gross breach of trust as an Airbnb guest. The court held that the sentence was manifestly inadequate and increased the sentence to a term of imprisonment. The Court of Appeal also ordered that the case be sent back to the County Court for re-sentencing.