R v Sexton

The accused was charged with possessing multiple devices containing child pornography and/or remnants of it. The devices were seized by police and analysed by E-Crime, who located the material on four separate devices. The accused denied any involvement and suggested that the presence of the material could be explained by malware or a third party intervention. The court was tasked with determining the admissibility of evidence of the accused's substantial participation in accessing child pornography via the internet, and whether this evidence could support an inference of ongoing participation in a manner analogous to that of a drug trade.

The court considered the principles outlined in Harriman v The Queen and R v Soteriou, which discuss the admissibility of discreditable conduct evidence. The court accepted the submission that evidence of substantial participation in obtaining access to child pornography can support an inference of continued or ongoing participation. This evidence, however, must pass a higher threshold for admissibility if it relies on a particular propensity or disposition of the accused. Under section 34P of the relevant legislation, discreditable conduct evidence must possess strong probative value in relation to the particular issues at trial. The court found that the evidence in this case met the necessary criteria, as it demonstrated a particular propensity or disposition which was strongly probative of the offence charged.

In summary, the court held that the evidence of the accused's substantial participation in accessing child pornography was admissible and could support an inference of ongoing participation in a manner analogous to that of a drug trade. This decision underscores the importance of ensuring that any discreditable conduct evidence relied upon in a trial meets the stringent admissibility criteria set out in the legislation. The accused was ultimately found guilty of the charges against them.

No further orders were made by the court beyond the conviction.