The absence of payment for child pornography does not mitigate the offence of possession, although payment may aggravate it, because demand itself stimulates supply regardless of whether payment is made. Factors relevant to assessing seriousness of child pornography offending include the explicitness of sexual activity depicted, the apparent age of children, and whether the material depicts actual children. Where an assertion by the offender at sentencing is not controverted by the prosecution, procedural fairness requires the sentencing judge to advise counsel before declining to act on the assertion.
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