The subsections of s 474.19(1)(a) of the Criminal Code Act 1995 (Cth) do not prescribe conduct in an ascending order of seriousness; the objective seriousness of an offence depends on the facts and circumstances of the particular case. Where a sentencing judge errs in assessing the objective seriousness of individual counts but applies the totality principle favourably, the total effective sentence may be upheld on appeal if no lesser total sentence is warranted in law. Evidence categorising the content of child pornography files according to the COPINE or Oliver scale is important for assessing the objective seriousness of individual transmission counts.
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