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People who plead guilty to child pornography offences are sentenced to gaol in most cases. If you are charged with child pornography offences our expert criminal lawyers can tell you whether you can beat the charge.
Proving child pornography offences is not easy for the police. There are defences available where you have removed the images from your computer and the police have only located them buried deep in a hard drive. The police must also prove it was you who accessed the images as opposed to another person who had access to the computer.
If the police can prove their case against you and you are to be sentenced, we use psychologists, psychiatrists, and barristers to prepare your case and get you the most lenient sentence possible.
Use of a carriage service for child pornography material or child abuse material is included in the Criminal Code Act 1995 as an offence. Subdivision D- 474.19 Using a carriage Service for Child Pornography Material, in The Criminal Code Act states that;
A person is guilty of this offence if:
the person does so using a carriage service; and
Criminal Code Act 1995, Subdivision D, Current version (accessed 27 June May 2021 at 13.30pm) https://www.legislation.gov.au/Details/C2014C00793/Html/Volume_2
The maximum penalty for this offence is imprisonment for 15 years.
The term ‘carriage service‘ is defined in section 7 of the Act as “a service for carrying communications by means of guided and/or unguided electromagnetic energy.” That means, any communications through your phone, for example, text messages, phone calls, voice messages or social media posts.
Child Pornography or Child Abuse Material in New South Wales is covered under Section 91FB of the Crimes Act 1900 (NSW) which describes Child Abuse Material as;
A ‘child’ means a person under the age of 16 years.
The maximum penalty applicable if found guilty of the offence is 15 years imprisonment.
Having the right ciminal lawyer on your case, should you be charged with Using a Carriage Service for Child Abuse Material, could mean the difference of receiving the maximum sentence or walking free.
Following are alternative penalties available that the court can impose for this charge.
As outlined in the Criminal Code Act 1995 (Cth) Section 474.22, if you a person has been charged with using a carriage service for child abuse material, the onus is on the prosecution to prove that the accused;
If they can’t do this, then the accused will not be found guilty of this child pornography charge.
While every case is different, there are a number of potential defences that can be used against child pornography charges. Your criminal lawyer will assess the unique circumstances of your case in order to recommend the best approach to building your defence.
Following is a list of just some of the potential defences for this charge;
You can read more about not guilty pleas here.
If you have been charged with this offence, but you are innocent and would like to make a not guilty plea, Australian Criminal Law Group are your best defence. Our criminal lawyers regularly have their clients cases acquitted.
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.
When someone is sentenced for Use of carriage service for child pornography material, a court will consider the number of images, circumstances in which they were obtained and where the images fall on a scale used to grade the depravity of the images (the more deprave the depiction, the higher the gravity of the offence because the child in them has suffered greater. For example, compare the harm caused by a naked photo of a child to the harm caused to a child engaged in a sexual act).
The offence of Use of carriage service for child pornography material carries a maximum penalty of 15 years imprisonment in the District Court. This penalty is typically reserved for the worst offenders. Use of carriage service for child pornography material is an extremely serious offence. If you are charged with Use of carriage service for child pornography material, you should contact our office immediately.
Our criminal lawyers are experts at obtaining the best outcome possible for sex offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
To discuss your charge of Use carriage service to access child abuse material call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
Our client was charged with use carriage service for child pornography and possess child pornography. Mr Correy argued that whilst child pornography was on his computer it had been downloaded inadvertently with a bulk amount of adult porn. We argued that our client had so much adult pornography that he had negligently failed to delete the child pornography. He had downloaded by mistake. The Magistrate accepted that whilst our client failed in his duty to remove the child pornography it could not be proven he received sexual gratification from it. The magistrate held whilst normally these offences required a jail sentence the peculiar facts in this case meant he could deal with it by a good behaviour bond.
Joseph represented a client charged with using a carriage service to access child abuse material. Police located some 800 photos and 200 videos. He was trying to access age appropriate pornography. Despite being relentlessly argued by the defence the judge found in our client’s favour and did not sentence him to imprisonment.
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Australian Criminal Law Group and its clients make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. However, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group make no warranties or representations as to its accuracy.