A term of immediate imprisonment will ordinarily be expected for child pornography offending, but there is no requirement for 'exceptional circumstances' before a non-custodial disposition can be imposed — each case depends on its own facts. Lower ANVIL classification of material does not reduce the objective gravity of offending; Category 1 material is itself capable of significant gravity and courts must consider actual content, not merely classification. Cumulation between Commonwealth and State child pornography offences is ordinarily expected. Where a Crown appeal succeeds on manifest inadequacy but the respondent has complied with a non-custodial order for a significant period with good rehabilitation prospects, the residual discretion may be exercised to dismiss the appeal.
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