DPP (Cth) v D'Alessandro [2010] VSCA 60 considered the appropriate penalty for a person convicted in Victoria under the Commonwealth Criminal Code of possessing what the sentencing judge described as the "very worst" of child pornography.The respondent had been sentenced to a total effective sentence of 2 years imprisonment, but released immediately on a recognisance. …
Continue reading DPP (Cth) v D’Alessandro: child pornography sentencing principles
DPP (Cth) v D'Alessandro [2010] VSCA 60 considered the appropriate penalty for a person convicted in Victoria under the Commonwealth Criminal Code of possessing what the sentencing judge described as the "very worst" of child pornography.The respondent had been sentenced to a total effective sentence of 2 years imprisonment, but released immediately on a recognisance. …
Continue reading DPP (Cth) v D'Alessandro: child pornography sentencing principles
On 8 December 2009 the Supreme Court decided DPP v Chao [2009] VSC 562.Mr Chao was accused of possessing child pornography found on a computer hard-disk-drive (HDD) he left with a computer repairer. (Possession wasn't argued in this appeal, but it's settled law that the offence requires knowing possession: Police v Kennedy (1998) 71 SASR …
Continue reading Are computer hard-drive contents a ‘document’?
On 8 December 2009 the Supreme Court decided DPP v Chao [2009] VSC 562.Mr Chao was accused of possessing child pornography found on a computer hard-disk-drive (HDD) he left with a computer repairer. (Possession wasn't argued in this appeal, but it's settled law that the offence requires knowing possession: Police v Kennedy (1998) 71 SASR …
Continue reading Are computer hard-drive contents a 'document'?
DPP v Annetts considers an important issue in child pornography cases. A case stated was recently placed before the NSW Court of Criminal Appeal that required interpretation of the phrase in a sexual context.Similar wording is also used in Victorian statute, at s 67A Crimes Act 1958:child pornography means a film, photograph, publication or computer …