The R v Oliver classification of child pornography images into five levels of seriousness, and the associated sentencing guidelines including the custody threshold, are appropriate guidance for courts in the Northern Territory. A sentence of six months imprisonment suspended after two months is not manifestly excessive for possession of 119 level 1 images (with two level 2 images) downloaded over six months, even where the offender is of good character and has suffered significant personal consequences. The substantial increase in maximum penalty from two years to ten years under the Criminal Code Amendment (Child Abuse Material) Act 2004 is a relevant sentencing consideration.
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