For child pornography offences involving both possession and transmission of significant quantities of material, a non-custodial sentence will not normally be appropriate and should only be contemplated in exceptional circumstances. The unavailability of sex offender treatment programs in custody cannot justify declining to impose an otherwise appropriate custodial sentence. The 'protection of the community' requirement in the serious sexual offender provisions of s 6D of the Sentencing Act 1991 (Vic) is entirely punitive and cannot be used to justify a non-custodial sentence through rehabilitation.
The full text is available to signed-in members, including the 38 later cases that cite this judgment.
5 of the 38 citing cases carry a classified treatment. How each court treated it is available to signed-in members.