She then contacted police, who executed a search warrant at the defendant’s Mount Wellington home in October 2020.
A forensic examination of the defendant’s phone resulted in the discovery of 56 more child exploitation images, including 22 that were deemed to be Category A — the most serious of such offending. They included numerous depictions of boys as young as 8 engaged in sexual activity.
The defendant admitted to police that he had downloaded the images and said he accidentally sent the two images to the woman. He said he wanted to expose his addiction so he could get help but had been afraid to for fear of prosecution.
But during today’s sentencing hearing, police prosecutor Sam Papp pointed out that it wasn’t the man’s first time before the court. He was convicted in the early 1990s of five counts of indecent assault on a boy under 12.
“It’s not his first rodeo, so to speak,” she told the judge, arguing that home detention wouldn’t be enough of a deterrent. “I think it should be imprisonment.”
She acknowledged that the defendant has various health issues, including a heart issue in January that resulted in hospitalisation and the postponement of his sentencing. But the prison system is equipped to handle such cases, she said.
Defence lawyer Monique Porner emphasised that her client didn’t intend to distribute the images. All of the images that police found on his phone were downloaded over a 90-minute period on the same day the search warrant was executed, she said.
“It’s not a collection,” she said. “They were on one device. There was nothing that was on any other device that he owns.”
He has attended weekly counselling for the past two years, since shortly after his arrest. Home detention, she said, would allow him to continue that progress and to keep working.
“He’s been making consistent and serious efforts to rectify this matter, so this court and he himself can be satisfied he’s not going to re-offend,” she said.
Possession of objectionable materials carries a maximum sentence of 10 years’ imprisonment.
Judge Sellars described today’s case as “unusual” because it appeared to involve one set of images accessed over a relatively short period of time and involving a single set of children. Many other cases involve larger, curated collections including videos and amassed over a longer time period, she said.
“That is important,” she said of her process of determining a sentence.
She also emphasised that the images depict “actual children” suffering sexual abuse, and that “by obtaining those images, you are fuelling that industry”.
Increasing his sentence due to his historic child abuse convictions wouldn’t be appropriate in this case, the judge said, pointing out that she must take into consideration the original sentences. For three of the charges, he was convicted and discharged and ordered to make an emotional harm payment.
The judge ordered nine months’ home detention, along with multiple conditions that include seeking permission from probation before attending church, contacting anyone under 16 or having a device capable of internet access. He was also ordered to attend a year-long sex offender programme and to disclose any romantic relationships to authorities.
“I’m satisfied ... you have shown insight and you do want to get help,” Judge Sellars said. “I wish you well on your journey.”
