Citation: [2026] NSWDC 160
Court: District Court of New South Wales
Date: 25 May 2026
Judge(s): Noman SC DCJ
Background
The offender pleaded guilty in the Local Court to four Commonwealth offences involving child abuse material. Each offence carried a maximum penalty of 15 years' imprisonment. The offences comprised possessing or controlling child abuse material using a carriage service, using a carriage service to access, transmit, and solicit child abuse material, using a carriage service to access child abuse material, and using a carriage service to transmit child abuse material to himself.
The offending occurred between approximately December 2024 and June 2025, while the offender resided in Port Macquarie. Police executed a search warrant at his residence on 18 June 2025 and seized his phone. Forensic examination of the phone revealed extensive child abuse material across multiple platforms, including the Telegram messaging application, IMGSRC (a photo-sharing website), MEGA NZ (a cloud storage service), and other online services.
The offending involved not merely passive possession but active engagement with other users on Telegram, including soliciting material, transmitting images and videos, and exchanging graphic text-based child abuse material describing violent sexual fantasies involving children. The agreed facts detailed conversations with three unidentified users in which the offender requested, shared, and accessed large volumes of child abuse material depicting children in sexual acts, sexual poses, or with genitals exposed, including material depicting restraint and the infliction of pain upon children.
Legal Issues
- The appropriate sentence for each of the four Commonwealth child abuse material offences, having regard to the circumstances of the offending and the offender
- The discount to be applied for the offender's early guilty pleas
- The extent to which the pleas supported findings of remorse, acceptance of responsibility, and willingness to facilitate the course of justice
- The application of the different standards of proof for aggravating and mitigating factors
Decision
The court noted the maximum penalty of 15 years' imprisonment for each offence as providing relevant guidance and confirmed the obligation to impose a sentence of appropriate severity in all the circumstances. The pleas were characterised as early pleas, entitling the offender to a utilitarian discount. Although not mandated, the court indicated an intention to apply a 25 per cent reduction to reflect the timing of those pleas.
The court accepted agreed facts tendered by the parties. The offending was extensive in both volume and nature. Sequence 5 involved accessing 470 child abuse material files found in cache and trash folders on the offender's phone. Sequence 6 involved the offender transmitting 620 files (403 videos and 217 photos) to himself on Telegram, along with 15 links to cloud storage services. Sequence 2 was the most complex count, encompassing solicitation, transmission of 130 images and videos, and accessing 159 files during conversations with three separate users. Those conversations included graphic text-based child abuse material describing violent sexual fantasies involving children.
The court acknowledged that the guilty pleas supported, to some extent, findings on remorse, acceptance of responsibility, and a willingness to facilitate justice. The judgment text as provided was truncated before the court's final sentencing remarks and the precise sentences imposed on each count were reached.
Orders Made
- The full text of the judgment was truncated; the specific sentences imposed on each count and the aggregate or effective sentence are not available from the portion of the judgment provided.
- The court indicated it would impose full-time imprisonment across the four offences, reduced by 25 per cent to reflect the early guilty pleas.
Key Takeaways
- Early guilty pleas to Commonwealth child abuse material offences attracted a 25 per cent sentencing discount for their utilitarian value, even though such a reduction was not mandated. The pleas also partly supported findings on remorse and acceptance of responsibility.
- Under ss 474.22(1) and 474.22A(1) of the Criminal Code Act 1995 (Cth), each offence of possessing, accessing, transmitting, or soliciting child abuse material using a carriage service carries a maximum penalty of 15 years' imprisonment.
- The District Court treated the volume of material, the active solicitation and exchange of material with other users, and the nature of the text-based content describing violent sexual fantasies involving children as significant features of the offending.
- Different standards of proof applied depending on whether a factual matter aggravated or mitigated the offending, consistent with established sentencing principles for Commonwealth offences.
- Full-time imprisonment was the sentencing outcome, reflecting the gravity of offending that extended well beyond passive possession to active participation in the distribution and solicitation of child abuse material across multiple platforms.
Legislation and Cases Referenced
Legislation:
- Criminal Code Act 1995 (Cth), ss 474.22(1) and 474.22A(1)
Cases:
- No cases were identified as cited in the available portion of the judgment.