Criminal lawyers for Child Abuse Material offences

People who plead guilty to child pornography offences are sentenced to jail 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 a charge of possessing Child Abuse Material?

You will be found not guilty of the offence of Production, Dissemination or Possession of Child Abuse Material if the police cannot prove beyond reasonable doubt you produced, disseminated or possessed child abuse material.

Child abuse material means material that depicts or describes – in a way that reasonable persons would regard as being offensive – a person who is, appears to be or is implied to be, a child as a victim of torture, cruelty or physical abuse; or a person who is, appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons); or a person who is, appears to be or is implied to be, a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity; or the private parts of a person who is, appears to be or is implied to be, a child.

Disseminate child abuse material includes sending, supplying, exhibiting, transmitting or communicating it to another person; making it available for access by another person, or entering into any agreement or arrangement to do so.

Possess child abuse material includes being in the possession or control of data (in relation to material in the form of data).

Produce child abuse material includes filming, photographing, printing or otherwise making child abuse material. It also includes altering or manipulating any image for the purpose of making child abuse material, or entering into any agreement or arrangement to do so.

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if you prove that you did not know or could not reasonably be expected to have known that you possessed, disseminated or produced child abuse material.

For an offence involving possession, it is a defence if you can establish that the child abuse material came into your possession unsolicited and as soon as you became aware of it, you took reasonable steps to get rid of it.

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.

The offence of Production, Dissemination or Possession of Child Abuse Material carries a maximum penalty of two years imprisonment in the Local Court and 10 years imprisonment in the District Court. These penalties are typically reserved for the worst offenders. Production, Dissemination or Possession of Child Abuse Material is an extremely serious offence but one in which offenders are often sentenced to penalties other than full time imprisonment. If you are charged with Production, Dissemination or Possession of Child Abuse 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 read more about Australian Criminal Law Group, click here.

To discuss your charge of Possess 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.

Testimonials

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