Criminal lawyers for Use of carriage service for child pornography material
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.
How do I beat the charge of Use of carriage service for child pornography material?
You will be found not guilty of the offence of Use of carriage service for child pornography material if the police cannot prove beyond reasonable doubt:
- You intentionally:
- Access material; or
- Cause material to be transmitted to yourself; or
- Transmit, make available, publish, distribute, advertise or promote material; or
- Solicit material.
- You do so using a carriage service (electronic device capable of communication); and
- The material is child pornography or child abuse material.
To commit this offence, you must intend to deal with the child abuse material. If you prove that you did not know or could not reasonably be expected to have known that you committed the offence, then you are likely to be acquitted. If you can establish that the child pornography material came into your possession unsolicited and as soon as you became aware of it, you took reasonable steps to get rid of it then you are likely to be acquitted.
Child pornography material means material that depicts or describes a person, or a representation of a person who is (or appears to be) under 18 years of age and who is engaged in or appears to be engaged in a sexual pose or sexual activity. Or is in the presence of a person who is engaged in or appears to be engaged in a sexual pose or sexual activity, and does this in a way that reasonable persons would regard as being offensive; or material the dominant characteristic of which is the depiction or description for a sexual purpose of a sexual organ or the anal region of a person who is (or appears to be) under 18 years of age in a way that reasonable persons would regard as being offensive.
Child abuse material means material that depicts or describes a person, or a representation of a person who is (or appears to be) under 18 years of age and is or appears to be a victim of torture, cruelty or physical abuse, and does this in a way that reasonable persons would regard as being offensive.
Pleading Guilty
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.
Why choose Australian Criminal Law Group?
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.
Case Study
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.
Case Study
Mr Harb 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.