The combination of accessing, possessing and making available encrypted child pornography material places an offender in the worst category of non-contact non-profit offenders. Section 402(4A)(b) of the Criminal Code (Tas), which prohibits consideration of double jeopardy on re-sentencing, is inoperative for Commonwealth offences by reason of s 109 of the Constitution, because it is inconsistent with the requirement in s 16A(1) of the Crimes Act 1914 (Cth) to impose a sentence of appropriate severity in all the circumstances. A sentence of 12 months' imprisonment (6 months to serve) for such offending is manifestly inadequate.
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