CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Commonwealth offences – Possessing child abuse material –Using carriage service to access child pornography material – Consideration of extra-judicial punishment
Legislation Cited:
Criminal Code 1995 (Cth) ss 272.8, 272.20, 474.19, 474.22, 474.22A
Commonwealth Director of Public Prosecutions (Crown)
Armstrong Legal (Offender)
File Number(s):
SCC 234 of 2020
LOUKAS-KARLSSON J
Introduction
Bradley Payne-Moore (the offender) has pleaded guilty to the following offences:
(a)Using a carriage service to possess or control child abuse material, contrary to s 474.22A(1) of the Criminal Code 1995 (Cth) (Commonwealth Criminal Code). The maximum penalty for this offence is 15 years’ imprisonment.
(b)Using a carriage service to access…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
R v Payne-Moore [2021] ACTSC 125
Case
[2021] ACTSC 125
Decision Date
CaseChat Overview and Summary
The Supreme Court of the Australian Capital Territory heard a case against Bradley Payne-Moore who pleaded guilty to charges of using a carriage service to possess and access child abuse material. The charges were in relation to the possession of 137 child abuse material files and the access of 7 child abuse material files over specified periods. The court had to decide on the legal issues surrounding the objective seriousness of the offence, the subjective circumstances of the offender, and the appropriate punishment. The court considered the gravity and depravity of the material, the number of children victimised, the duration of the offending, and the need for general deterrence. The court also took into account the offender's background, his cooperation with authorities, and the extra-curial punishment he had already faced. The court ultimately decided on a sentence of 12 months' imprisonment for each offence, with a 3-month accumulation for the possession offence. The court also made a forfeiture order for the electronic devices used in the commission of the offences. The court emphasised the paramount importance of protecting children and the need for general deterrence in cases involving child abuse material.