Court of Criminal Appeal Citation : Assheton v The Queen

(2002) 132 A Crim R 237; [2002] WASCA 209

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Acts of indecency committed outside Australia
5. › Gross breach of trust
6. › Whether cumulative sentences manifestly excessive
7. › Crimes Act 1914 (Cth), s 50BC(a)
1. Criminal Law
2. › Sentencing
3. › Importation of prohibited goods
4. › Child pornography literature
5. › Whether imprisonment appropriate
6. › General deterrence as paramount consideration
7. › Customs Act 1901 (Cth), s 233BAB(5)
1. Criminal Law
2. › Sentencing
3. › Possession of child pornography
4. › Large quantity of images and videos
5. › Censorship Act 1996 (WA), s 60(4)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences across Commonwealth and State jurisdictions
5. › Whether total sentence of 7 years manifestly excessive

Quick Take

For offences of importing child pornography under s 233BAB(5) of the Customs Act 1901 (Cth), general deterrence is the paramount sentencing consideration given the prevalence and availability of child pornography on the Internet. Cumulative sentences for acts of indecency on different child victims are appropriate, and a total sentence of 7 years for combined importation, indecency and possession offences involving a gross breach of trust does not infringe the totality principle.