Cargnello v Director of Public Prosecutions (Cth)

• 1. CRIMINAL LAW - appeal - conviction - encouragement of sexual intercourse with a child under 16 years of age outside Australia - whether person encouraged must be Australian citizen or resident - discussion of XYZ v The Commonwealth [2006] HCA 25; 227 CLR 532 - Crimes Act 1914 (Cth), ss 50AD, 50BA and 50DB
• 1. CRIMINAL LAW - appeal - conviction - importation of child pornography; use of internet to access child pornography - defendant alleged that he did not have access to the computer at the time of the offence - whether trial judge erred in refusing to direct jury to acquit if evidence might reasonably have been true - whether miscarriage of justice in the circumstances of the case
• 1. CRIMINAL LAW - appeal - sentence - encouragement of sexual intercourse with a child under 16 years of age outside Australia - whether sentence manifestly excessive - whether offending more serious when encouraged conduct occurred - Crimes Act 1914 (Cth), ss 50BA and 50DB
• 1. CRIMINAL LAW - appeal - sentence - extra-curial punishment - value of appellant's business declined after arrest - whether allowance should be made for consequences common to all custodial sentences - whether greater allowance should be made for wealthy or well-known offenders - whether distinction should be made between consequences for offender and for associates

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