The Court of Appeal has established that offences of distributing child exploitation material under s 228C Criminal Code (Qld) ordinarily warrant heavier penalties than possession under s 228D, that deterrent sentences are even more apposite for distribution offences, and that convictions should ordinarily be recorded absent remarkable mitigating factors. A custodial sentence in the range of 12 to 18 months imprisonment was appropriate for a middle-range distribution offence by a young first offender who cooperated and pleaded guilty, with the mitigating factors warranting full suspension. Section 9(2) of the Penalties and Sentences Act 1992 (Qld) applies to offences against both s 228C and s 228D.
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