When sentencing for possession of child exploitation material under s 228D Criminal Code 1899 (Qld), the sentencing court must have regard to s 9(2)(a) Penalties and Sentences Act 1992 (Qld) and must consider whether deterrence can be satisfactorily met by a non-custodial sentence, taking into account the element of public shaming and onerous reporting requirements under the Child Protection (Offending Reporting) Act 2004 (Qld). Failure to do so constitutes specific sentencing error warranting appellate intervention, even where the sentence imposed is not manifestly excessive.
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