The aggravating factor of 'planned or organised criminal activity' under s 21A(2)(n) does not apply to the downloading and storage of child pornography from the internet, as such conduct does not go beyond planning inherent in the offence. The aggravating factor of 'gratuitous cruelty' under s 21A(2)(f) does not apply to possession of child pornography where the offender did not contribute to the creation of the images depicting cruelty, and where the depiction of cruelty is already an element of the offence taken into account in assessing objective gravity. The sentencing range established under the former 5-year maximum penalty will not provide useful guidance for future offences given the increase to 10 years.
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