Legal loophole lets child porn man escape jail

A man who had 227 images on his computer featuring girls as young as two being being sexually abused has been fined $10,450.

Donald Trevor Callesen, 51, a beneficiary and gardener from Whangarei, was sentenced in Whangarei District Court yesterday after pleading guilty to 19 representative charges of possessing child pornography. He was fined $550 per charge.

Although Judge Barbara Morris said a fine "was not what I would consider appropriate" in the case, Callesen was unable to be imprisoned as his offending came before an amendment to child sex abuse laws on February 21 this year.

Before then, possession of child pornography was punishable by a fine only. It now carries a maximum penalty of five years' jail.

After a tip-off from a Canadian agency monitoring the internet for child pornography offenders, a search warrant was executed on Callesen's house in Oakura in March, 2004, the court was told.

A search of his computer found 227 "objectionable" images featuring girls aged from two years to 12 years being sexually abused by men, as well as two movies depicting girls aged 14 years being sexually abused by older men.

Asked why he kept child pornography on his computer, Callesen replied: "I like it. So I could look at it."

He said he had a sexual preference toward pictures of a sexual nature involving children and that he intended to seek medical advice.

"This material does not reflect a stage production or cartoons," Judge Morris said. "They are real children being offended against... they have to suffer these sexual offences against them because people like you create a market for this depraved material."

Callesen's lawyer, Nick Leader, said his client was aware of the consequences of the pornography and was extremely remorseful.

He referred to a doctor's assessment that his client's viewing of the material was not for gratification, but it became a "morbid" interest during prolonged depression for Callesen, who has bipolar disorder.

Mr Leader said Callesen, who is serving a prison sentence on home detention on cannabis charges, had been compliant with his sentence and was also voluntarily attending counselling for his sexual preferences.

Mr Leader said because Callesen was a sickness beneficiary with part-time employment, he could only pay instalments on the fines. However, he had put his house on the market and would pay more when it sold.

Judge Morris acknowledged Callesen's early guilty plea and his voluntary rehabilitation. But she said the offending was made more serious by the very large number of images and the involvement of very young children.

The court also ordered the forfeiture of his computer and accessories.

- NORTHERN ADVOCATE (WHANGAREI)