A diagnosis of PTSD arising from historical sexual abuse, where the causal link to child abuse material offending is qualified by the psychiatric evidence and there is a significant temporal gap between the abuse and the offending, will constitute only a 'slight' causal connection insufficient to establish exceptional circumstances under s 20(1)(b)(ii) of the Crimes Act 1914 (Cth). Animated child abuse material, while not involving real victims, does not weigh heavily in mitigation because it normalises sexual activity with children and contributes to demand for child abuse material.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
6 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.