The offence under s 474.19 of the Criminal Code (Cth) does not contain any element of possession or control of the child pornography material or the computer equipment used to transmit or access it, and no direction on possession or control is required. A sentence for an offence against s 474.19 that does not require service of a custodial term is, as a matter of fact, exceptional. Individual sentences of 3 years' imprisonment for accessing six images (none in the most serious categories) and for transmitting images between the offender's own email accounts were manifestly excessive.
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