Rivo v The Queen

[2012] VSCA 117

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Commonwealth offences
4. › Child pornography
5. › Causing child pornography material to be transmitted
6. › Relevance of manner of transmission and nature of pornographic content
7. › Relevance of consequences of offending to specific and general deterrence
8. › Whether sentencing judge had regard to irrelevant considerations
9. › Criminal Code Act 1995 (Cth), s 474.19
1. Criminal Law
2. › Sentencing
3. › Commonwealth offences
4. › Sexual offences against children outside Australia
5. › Procuring children to engage in sexual activity outside Australia
6. › Directness of relationship with production of pornographic material and sexual activity of children
7. › Whether sentencing judge had regard to irrelevant considerations
8. › Criminal Code Act 1995 (Cth), s 272.14
1. Criminal Law
2. › Sentencing
3. › Manifest excess
4. › Rolled-up counts
5. › Whether total effective sentence manifestly excessive
6. › Relevance of plea of guilty, cooperation and absence of prior relevant convictions

Quick Take

When sentencing for offences of causing child pornography to be transmitted (s 474.19) and procuring children to engage in sexual activity outside Australia (s 272.14), the character and nature of the pornographic content, the proximity of the offender's activity to those producing the material, the directness of the offender's involvement, and the consequences of the offending for the children are all relevant sentencing considerations bearing on objective seriousness and the assessment of general and specific deterrence. An offender who directs the sexual activities of children in live sex shows, even remotely, bears direct responsibility for the content of those shows.