Possess Child Abuse Material

Possess Child Abuse Material Lawyers

Our possess child abuse material lawyers have years of experience in defending these charges. We have a host of experts whom we work closely with in defending our clients. You can view some of our recent results for these charges here.

We understand the stigma that comes with such allegations and the impact it can have on your employment and family life.

Contact us now to speak to our Law Society accredited specialist criminal lawyer. We have a lengthy track record of our clients being found ‘not guilty’ as well as avoiding jail.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Possess child abuse material?

  Section 91H of the Crimes Act 1900 (NSW) sets out that if you have custody and control of child abuse material, you can be guilty of an offence.

  Possession of child abuse material is a Table 1 offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless you or the prosecution elects to deal with it in the District Court.

   

  How do you beat a Possess child abuse material charge?

  You can fight a possess child abuse material charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. you produced; OR
  2. you disseminated (spread); OR
  3. you possessed;
  4. ‘child abuse material’.

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

  What is ‘child abuse material’?

  Child abuse material is defined as material that depicts or describes in a way reasonable people would consider offensive:

  1. A person who appears to be a child as a victim of torture, cruelty or physical abuse, or
  2. A person who appears to be a child involved in a sexual pose or sexual activity, or
  3. A person who appears to be a child in the presence of another person who is engaged in a sexual pose or sexual activity, or
  4. The private parts of a person who appears to be a child which include the genital or anal area, or breasts of a female.

  To determine if a reasonable person would consider something offensive, the court will assess:

  1. The standards of morality and decency generally accepted by reasonable adults,
  2. The artistic or education relevance of the material,
  3. The journalistic relevance of the material for a record or report of public interest, and
  4. The general character of the material

   

  What does “producing” child abuse material mean?

  You can be found to have produced child abuse material if you:

  1. film, photograph, print or otherwise make child abuse material, or
  2. alter an image for the purpose of making child abuse material, or
  3. enter into an agreement or arrangement to do so.

   

  What does “Disseminate” child abuse material mean?

   You can be found to have disseminated child abuse material if you:

  1. send, supply, exhibit, transmit or communicate it to another person, or
  2. make it available for access by another person, or
  3. enter into an agreement or arrangement to do so.

   

  Often the distinction between what is and is not child abuse material will require an expert opinion. Contact us now to speak to a specialist child pornography lawyer who can begin preparing your defence.

   

  What are the Defences to Possess Child Abuse material?

  The following defences apply to charges of ‘Possess Child Abuse Material’:

  1. The prosecution cannot prove that you were aware, and it was not reasonable for you to be aware that you had the material
  2. You produced or disseminated the material for a reasonable and genuine public benefit purpose (eg. child protection, scientific, medical or legal purposes or law enforcement).
  3. Duress: You were forced to produce the material;
  4. Necessity: Your actions were necessary in the circumstances
  5. You took reasonable steps to get rid of the material as soon as you became aware that is was child abuse material
  6. The material is not child abuse material. We have expert paediatricians who can provide an opinion that the persons depicted in the images or videos are not children

   

  Contact us now to speak to our accredited specialist criminal lawyer for possess child abuse material. We can quickly assess your case, advise you if any defences are available and begin building your case.

• PLEADING GUILTY

  Before pleading guilty it is critical you speak to an accredited specialist in criminal law to determine whether you have any defences open to you. If you have done so, our guide will assist you in preparing for sentencing.

  However, you will need to consult one of our specialist child abuse material lawyers for representation in Court and specific advice for your case.

  Contact us now to arrange an appointment.

   

  What is the penalty for Possess child abuse material?

  The maximum penalty for Possess Child Abuse Material is 10 years imprisonment.

  What are the possible sentences for Possess Child Abuse Material?

  There are different types of punishment available to a Magistrate or Judge. They are listed below, from least serious to most serious:

  1. Section 10 Dismissal
  2. Conditional Release Order without Conviction
  3. Conditional Release Order with Conviction
  4. Fine
  5. Community Correction Order
  6. Intensive Correction Order
  7. Full Time Imprisonment

  Will you go to jail for Possess child abuse material?

  Looking at statistics over the last 5 years, no person has avoided a criminal conviction for this offence. In relation to the NSW offence, 80% of offenders were sentenced to some form of imprisonment. 64% of offenders received a sentence of full-time imprisonment.

  As you can see, a jail sentence is a real possibility. As such, you should speak to one of our specialist criminal defence solicitors for child abuse material charges.