The definition of 'private parts' in s 91FB(4) of the Crimes Act 1900 (NSW) does not extend to clothed areas (areas covered by underwear), and 'the breasts of a female person' connotes at least the commencement of sexual development (pubescence), so that filming the chest of a pre-pubescent girl does not constitute filming 'private parts'. The definition of 'child pornography' under the former s 91H(1), referring to a child 'in a sexual context', is assessed by reference to the content of the depiction and the circumstances of the child, not the purpose or motive of the photographer. Sentencing judges should have regard to the maximum penalties for related but more specific offences when sentencing under broad provisions, and should address offences chronologically where they span a lengthy period.
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