R v. Vantoosten

[2009] QDC 2

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Vantoosten [2009] QDC 2

PARTIES:

R

v

VANTOOSTEN, Craig Daniel

FILE NO/S:

628 of 2008

DIVISION:

Criminal

PROCEEDING:

Sentence

ORIGINATING COURT:

Brisbane District Court 

DELIVERED ON:

12 January 2009

DELIVERED AT:

Brisbane District Court

HEARING DATE:

12 January 2009

JUDGE:

M W Forde DCJ

ORDER:

(1)        On each of counts 1 and 2 sentence the prisoner to

imprisonment for 12 months;

(2)        Both terms of imprisonment to be served concurrently;

(3)        The parole eligibility date is 12 May 2009.

CATCHWORDS:

Criminal law – possession of child exploitation material – sentence – principles of sentencing - factors to be taken into account – sexual offence 

Correctives Services Act 2006 (Qld) Schedule 1

Criminal Code Act 1899 (Qld) s 228D

Criminal Code and Other Acts Amendment Act 2008 (Qld), s 136

Penalties and Sentences Act 1992 (Qld), ss 9(2)(a), 9(6A), 9(6B), 160D

R v Riley [2007] QCA 391, referred to

R v Daw [2006] QCA 386, referred to

R v Richardson [2007] QCA 294, referred to

R v Plunkett [2006] QCA 182, referred to

COUNSEL:

A Meisenhelter for the Crown

L Dollar for the Defendant   

SOLICITORS:

Director of Public Prosecutions (Queensland) for the Crown  

Fisher Dore for the Defendant

Introduction

1. The defendant has pleaded guilty to two counts of knowingly possessing child exploitation material under section 228D of the Criminal Code Act 1899 (Qld) (“the Criminal Code”). This matter was set for trial today. The defendant indicated that he would plead guilty on last Friday after the Crown indicated that it would not proceed on count 3. Count 3 related to another 44 images. It is unlikely that the sentence on count 3 would have added to the criminality on counts 1 and 2. The material on counts 1 and 2 could be considered the worst type for this offence.

1. The details of the counts are as follows:[1]

   [1]Transcript 1-2.23 to 1-4.33

Facts

The details of the counts are as follows, as appears in the agreed summary, exhibit 2.   A person with whom you were living found the relevant material and passed it on to police.  In total, you had in your possession, 71 images, 33 videos and two text files, all of which, it is agreed, constituted child exploitation material.

Count 1

"Child exploitation material on the 90 gigabyte hard drive was found in the following folders."  I will now summarise those.

Three child exploitation picture files, such as, "13 year, My little sister posing nude", and "Pedo Mum and Daughter." 

Two child exploitation text files in a folder entitled, "Pics.rar."  The folder is password protected and was accessed by analysts.

You gave your password to police.  There were some 68 child exploitation images.  The names in the file included, Six year old girl about to have sex with father."  "Seven year old girl playing with seven year old boy in shower."  "Eight year old, Natasha, about to have sex."  "Nine year old having sex with Dad."  "Eight year…