A sentence of 60% of the maximum penalty for possession of child pornography is manifestly excessive for a first offender who pleaded guilty, even where the material is extensive and depraved. It is not usual in Victoria to impose on a first offender a sentence of more than half the available maximum. Where the prosecution fails to retain and produce exhibits on appeal, the appellant must not be disadvantaged by that failure. Considerations relevant to the gravity of possession of child pornography include the volume of material, the degree of its depravity, and the length of time of possession.
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