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Sentencing for child pornography


Warner, K, Sentencing for child pornography, Australian Law Journal, 84, (6) pp. 384-395. ISSN 0004-9611 (2010) [Refereed Article]

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Child pornography has become an issue of international concern. Computer technology and the internet have facilitated its production, distribution and storage. While makers and distributors are becoming increasingly sophisticated in their methods of avoiding detection, the international co-operation of law enforcement agencies is leading to many arrests and prosecutions. This article focuses on the sentencing issues raised by punishing offenders for this offence with a focus on the offences of possession, accessing and distribution of child pornography material (rather than its production). The offences are clearly sexual offences but they differ from other sexual offences in that the harm caused is indirect rather than direct. The novelty of the offences and the difficulty of determining a clear sentencing range from previous decisions have posed problems for sentencers and appellate courts in their endeavour to assess the relative severity of the offence in general and in the particular case under consideration. Factors which bear on the objective seriousness of the offence are discussed and an attempt is made to distil some guidance from the cases as to the range of sentences imposed.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Criminal law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Criminal justice
UTAS Author:Warner, K (Professor Kate Warner)
ID Code:67639
Year Published:2010
Deposited By:Law
Deposited On:2011-03-07
Last Modified:2015-01-02
Downloads:6 View Download Statistics

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