Possess child pornography plea of guilt in the...
ADLA member for - VIC
Written by
Paul McClure
Criminal Defence Lawyer
Sexual Offences
A Case Study: Possess child pornography plea of guilt in the County Court
Date: 01/09/2009
7046
The Name of the Offence
Use carriage service to access child pornography
Place of the event
Parkdale
The court attended
Melbourne County Court
Acting Solicitor: Paul McClure
Facts of the Case
The client was an intellectually disabled man in his early 50s, who has been diagnosed with Asperger Syndrome and as a result of his condition had downloaded a vast amount (thousands of images and videos) of child pornography. He was identified and arrest by Australian Federal Police.
Results Achieved
Despite the submission by the Director of Public Prosecutions that the client should receive an immediate gaol term, the Judge was persuaded that, given the degree of the client's intellectual and psychological difficulties, a community based order (CBO) with treatment within the community was appropriate. The treating psychologist gave evidence in Court. The client was ultimately placed on a 2 year CBO, with conviction.
