CDPP v Greenwood [2026] VCC 6

a) Computer-generated animation image and video files which predominantly depicted pubescent children engaged in various sexual poses and acts with adults. > > b) Video files depicting real infants being vaginally penetrated by adult males. > > c) Video files depicting real infants being anally penetrated by adult males. > > d) Video files depicting real prepubescent children being anally penetrated by other prepubescent and pubescent children. > > e) Image and video files depicting real prepubescent children being tied up (bondage) while being anally penetrated by objects used by both male and female adults. > > f) Video files depicting real prepubescent children being sexually penetrated by animals.

12. The 10 files found on your phone in May 2024 contained similar files including:

a) Video files depicting real prepubescent children being anally penetrated by adult males. > > b) Computer-generated animation image files which depicted pubescent children engaged in sexual acts with adults. > > c) Video and image files depicting real pubescent children being engaged in sexual acts with adult males. > > d) Image files depicting real pubescent males anally and orally penetrating other pubescent children. > > e) Image files depicting real pubescent males being anally and orally penetrated by adult males.

13. The opening contains a more detailed description of representative files. It is not necessary to repeat these details in order to explain my sentencing reasons, save and except to say, the material is highly depraved. Some of the videos go for a number of minutes and depict the most terrible sexual exploitation of children.

1. There was no dispute between the parties regarding the applicable sentencing principles. The issue between the parties was whether in all the circumstances of your offending, including your personal circumstances, there are 'exceptional circumstances' that would allow you to be released forthwith pursuant to a Recognisance Release Order.
2. That issue arises in the context of sentencing provisions in the Crimes Act 1914 (Cth) ('the Act'). Section 16A(1) of the Act requires the court to impose a sentence which is of a severity appropriate in all the circumstances of the offence including the non-exhaustive list of matters set out in section 16A(2) of the Act.
3. Sections 20(1)(b)(ii) and (iii) of the Act specifically concern offenders convicted of a Commonwealth Child Sex Offence. The effect of this provision is that if a court is sentencing an offender in relation to a Commonwealth Child Sex Offence and is of the view that a sentence of imprisonment is warranted, the court cannot order immediate release under a recognisance release order unless the court is also satisfied that there are 'exceptional circumstances'. Charges 1, 2 and 3 are Commonwealth Child Sex offences.
4. Section 17A of the Act imposes an obligation on the court to only pass a sentence of imprisonment after having considered all other available sentences and deciding none of those alternative sentences are appropriate in all the circumstances of the case. Defence counsel, Mr McLennan, made in my view, a sensible concession that a sentence of imprisonment was the only appropriate sentence given the circumstances of this case, but submitted there were exceptional circumstances justifying immediate release.
5. In 2010 the Court of Appeal stated a number of propositions that still resonate as applicable to the problem of child abuse material on the internet:

First, that the problem of child pornography is an international one. Secondly, that the prevalence and ready availability of pornographic material involving children, particularly on the internet, demands that general deterrence must be a paramount consideration. Thirdly, that those inclined to exploit children by involving them in the production of child pornography are encouraged by the fact that there is a market for it. Fourthly, that those who make up that market cannot escape responsibility for such exploitation. Fifthly, that limited weight must be given to an offender's prior good character.[2]

1. Mr Greenwood some of the features of your offending are particularly concerning.
2. There was a significant number of files located on your phone in 2022. Some of the files related to children described as infants. Although, offenders who are not involved in the manufacture of the material can delude themselves into thinking that just accessing the material is a victimless crime, this is not so. Their interest in this material creates a market for such material, which in turn, encourages the further victimisation of children by offenders exploiting children in the most terrible circumstances. In this sense, your possession of so many files was related to the victimisation of over a thousand children.
3. Despite you coming to the attention of the police and having your phone seized in 2022, you acquired further material. Not only did you acquire further material but you transmitted seven files to Mr Hanley. The transmission of child abuse material to another person obviously has a particular aspect of criminality in broadening the circulation of this abhorrent material and increasing the number of offenders.
4. Further, it is apparent from the message you sent to Mr Hanley, which referred to the need to show files in person, because of the risks involved, that you were aware of the criminality of your conduct and the need to be discrete.
5. The dates of the charges span from 22 December 2022 until 9 May 2024, despite your knowledge that police were aware of your offending in 2022. This is suggestive of you having some difficulty in resisting accessing this material.

1. Your personal circumstances and background are outlined in your counsel's written submissions and a psychological report prepared by Simon Candlish.
2. You are now 38 years old and have only one prior conviction from when you were fined for being a public nuisance, in Queensland in 2008. You are an aboriginal man through your father's linage although you are not aware of your mob.
3. Your parents separated when you were approximately two years old, and you were raised by your mother and stepfather from the age of five. You remained in regular contact with your biological father until the age of 17 when your father discovered you were 'gay' and ceased contact with you.
4. You did not have contact with your father again before he passed away following a heart attack on 4 May 2025.
5. You have a younger half-sister, from your mother and stepfather's relationship, with whom you have a positive relationship. Your upbringing was marred by exposure to family violence at the hands of your stepfather. Throughout your childhood, you regularly witnessed your stepfather's excessive drug and alcohol consumption and subsequent violent behaviour. This resulted in your mother being assaulted and property being damaged within the family home.
6. You were also directly exposed to physical violence at the hands of your stepfather on a regular basis. Your mother was constantly concerned about the family's finances due to your stepfather spending money on drugs and alcohol. You remained living in the family home until the age of 16, when you went to live with your grandparents for 12 months.
7. You struggled academically and required a teaching assistant in primary school. You experienced bullying throughout your schooling years and left school part-way through year ten. You have completed courses in Responsible Service of Alcohol and Gaming training and have obtained your Construction Induction Training Card (White Card).
8. You have worked primarily in the hospitality industry in various roles but you have not worked since police executed the warrant in December 2022.
9. Tendered on your behalf is a report from psychologist Simon Candlish. Your relationship and sexual history is outlined in detail in Mr Candlish's report. I do not propose to repeat it other than to say you identify as gay and have had a number of long-term partners. You have reported that during the COVID pandemic you had a strained relationship with a partner you had been with for some time and you told Mr Candlish you both had problems with using methamphetamine.
10. You described to Mr Candlish developing a drinking problem from approximately 15 years of age. You described heavy drinking on a daily basis and also smoking cannabis regularly from your teenage years.
11. Mr Candlish administered a number of psychological tests and in conjunction with taking your history and background, diagnosed you as having a moderate persistent depressive disorder, generalised anxiety disorder, and a mild personality impairment. He also diagnosed you as having a severe stimulant use disorder, in remission, and a moderate cannabis use disorder.
12. In regard to the relationship between your psychological profile and your offending, Mr Candlish states:

Mr Greenwood's personality impairment has contributed to distorted perceptions, avoidant behaviour, social issues, low mood and chronic low self-worth. His social and avoidance-based issues have led to greater reliance on internet pornography and sexualised communications online as well as increased substance abuse. His low mood and personality-based negativity has created a susceptibility towards use of substances and sexual arousal to cope. His online sexual behaviour reflects the nature of his personality issues including dysfunctional coping and the use of sex to ameliorate negative mood states.

Mr Greenwood's sustained immersion in online sexual activity and his lack of psychological sophistication and awareness have contributed to a worsening of this behaviour over time and ultimately his offending. These issues have led to a more insular lifestyle, reducing his empathic regard and consequential thinking skills. His personality and mood issues as well as his substance abuse have reduced his capacity for self-restraint.[3]

1. Mr Candlish assessed you as falling into the Moderate-risk category for sexual offending, most likely involving access to child abuse material. He considered you fell into the Low-risk category for a contact sexual offence against a child.
2. In relation to your prospects of rehabilitation Mr Candlish asserts in his report:

Mr Greenwood appears to show good prospects for rehabilitation of his sexual offending behaviour based on his presentation, his history and his assessed risk level. Given the potential for Mr Greenwood's risk level to continue to reduce over time, particularly through the ongoing achievement of pro-social goals, it would be useful for him to continue to have opportunities to pursue such goals in the wider community with support provided.[4]

1. These remarks concerning the need for support within the community were to some extent supported when I was told in the plea hearing that through your lack of financial independence, you were no longer in your own accommodation. Your counsel, told me you were effectively homeless, and had spent recent nights sleeping on a couch in the aged care facility where your mother was residing.
2. Your counsel quite properly referred me to authorities that have considered the test of exceptional circumstances. I accept your counsel's submission to the effect that to be exceptional, a circumstance need not be unique, or unprecedented or very rare. I also accept that a combination of factors, each not itself exceptional, may in combination demonstrate that the circumstances are exceptional. [5]
3. Your counsel has relied upon the following factors in combination to substantiate a finding that, in your case, there are exceptional circumstances:
   • Your diagnosis of a mild personality disorder, moderate persistent depressive disorder, and generalised anxiety disorder.
   • Your background of experiencing family violence, enlivening the principles in Bugmy.
   • Your early plea of guilty.
   • Your lack of relevant prior offending.
   • A submission that you have good prognosis for rehabilitation.
4. Mr Greenwood, at the conclusion of your plea hearing I indicated that I did not find the combination of these circumstances to amount to exceptional circumstances.
5. While I accept you have the mental health issues, referred to above, I am not of the view that such conditions have a significant moderating effect upon the assessment of your moral culpability for this offending. You had an appreciation of the illegality of your conduct. You explained to Mr Candlish that you did not masturbate to the child abuse material but thought you could make money by selling it. Such an explanation is hardly mitigatory; making money from distributing the material would in itself be a serious aspect of the offending. It appears to be implied in Mr Candlish's report that he does not entirely accept this explanation as he states that you are likely to have experienced sexual arousal from the material.
6. I do accept that you have had a deprived background; experiencing instability and family violence. I accept this contributed to your drug and alcohol issues that indirectly are likely to have disinhibited you, and contributed to your offending; however, the moderation of your moral culpability because of this is relatively modest given the period of time over which you offended and your appreciation of the wrongfulness and illegality of your offending.
7. Your early plea of guilty must afford you a significant discount in sentence but could not be regarded as exceptional. Your lack of prior convictions is also not out of the ordinary. I hope that Mr Candlish's assessment of your prospects for rehabilitation is correct but appears to be, to some extent, related to your ability to address your addiction issues and take advantage of programs that will be part of the conditions of your recognisance release order.
8. For offences of this type, where general deterrence is a primary sentencing factor, personal mitigatory factors such as prior good character and prospects of rehabilitation are generally given less weight.[6]
9. I have had regard to current sentencing practices and the cases referred to by the prosecution. I have found those cases helpful in the sense that they have provided a rough yardstick as to sentences imposed for this type of offending. Such cases are not precedents and each case must be determined according to its own circumstances.
10. While I accept that sometimes exceptional circumstances have been made out by a combination of circumstances including where the case has involved a very limited number of files, sometimes with a relatively low level of depravity, this is not one of those cases.
11. Although I have found the matters relied upon by your counsel as insufficient to meet the test of exceptional circumstances, I am of the view that the matters relied upon are significant in moderating the period of gaol to be imposed and the period you must serve before being released pursuant to a recognisance release order.
12. When I adjourned your case I requested that you be assessed by Corrections regarding programs that are aimed at promoting your rehabilitation and which are administered by State Corrections under the auspices of the Commonwealth legislative provisions. The assessment refers to you as being willing to engage in treatment conditions imposed under a recognisance release order and has recommended a number of conditions that I accept are appropriate. If you genuinely engage in these programs this in my view offers the best chance of you not offending in the future.
13. Section 16A(2AAA) of the Act provides that in determining the sentence I must have regard to the objective of your rehabilitation, including:

(i) when making an order - to impose any conditions about rehabilitation or treatment options;

(j) In determining the length of any sentence or non-parole period - to include sufficient time for the person to undertake a rehabilitation program.

1. I am persuaded that your mental health conditions will make imprisonment for you more burdensome than if you did not suffer from those conditions. This is sometimes referred to as limb five of the principles in the case of Verdins.[7]
2. While I am satisfied that you are likely to have your symptoms of depression exacerbated by the period of imprisonment imposed, I am not satisfied on the basis of the evidence before me that this meets the threshold of limb six of Verdins. However, I am of the view that an exacerbation of your depression is likely to be counterproductive to your rehabilitation. It is partly for this reason that I intend to impose a sentence where your actual period of custody is relatively short; the seriousness of your offending can, to some extent, be reflected by a gaol sentence that will be effectively suspended on the condition that you comply with the conditions of the recognisance release order.
3. In all the circumstances of your case and having regard to the submissions of counsel and all relevant matters I have determined that you should be sentenced as follows:
4. In relation to charges 1, 2 and 3 you are sentenced to a period of 8 months imprisonment in respect of each charge. Each charge in my view has a particular aspect of criminality. Briefly stated Charge 1, relates to a significantly greater number of files than the other two charges; Charge 2 involves transmission to another person; Charge 3 relates to possession of further material after you were aware police had seized a device from you that contained child abuse material.
5. I would further order that Charge 2 is to commence three months after the commencement of Charge 1 and Charge 3 is to commence 3 months after the commencement of Charge 2. That makes a total period of 14 months imprisonment.
6. I order that you be released after serving 4 months of the term of imprisonment upon you giving security of $1000 by recognisance to comply with conditions that you be of good behaviour for 2 years and 6 months.
7. The Recognisance Release Order will consist of the following mandatory conditions:

(a) be subject to the supervision of a probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) for a period of 2 years and 6 months; and

(b) obey all reasonable directions of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) for a period of 2 years and 6 months; and

(c) not travel interstate or overseas without the written permission of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) for a period of 2 years; and 6 months.

(d) undertake such treatment or rehabilitation programs that the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) reasonably directs for a period of 2 years and 6 months; and

1. Further, the conditions necessary to give effect to the mandatory conditions include:

(e) report to the Shepparton Community Corrections Centre located at 409 Wyndham St, Shepparton VIC 3630 within two clear working days upon release from custody; and

(f) report to, and receive visits from, a Community Corrections officer or officers; and

(g) notify an officer at the specified Community Corrections Centre of any change of address or employment within two clear working days after the change; and

1. As to conditions regarding Sex offender programs, you are to:

(i) attend for assessment and, if assessed as suitable, treatment for sex offender programs or programs to reduce re-offending as directed by Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee; and undertake and complete such programs within a period of 2 years and 6 months from today.

(i) You must also comply with the following further conditions:

1. You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager; and
2. You must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed by the Regional Manager; and
3. You must undergo any mental health assessment and treatment that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility as directed by the Regional Manager.
4. You must participate in programs and/or courses that address factors relating to the offending as directed by the Regional Manager.

1. In relation to Charge 4 of possessing cannabis you are convicted and fined $100. In relation to Charge 5 of possessing methylamphetamine you are convicted and fined $250.00.
2. I further order that you have been found guilty of three class two offences, categorised as Class 2 offences within the meaning of the Sex Offender Registration Act, and as such you are declared as a registrable offender and must comply with reporting obligations pursuant to that Act for the remainder of your life.
3. Pursuant to s 18 of the Sentencing Act (Vic) as picked up by s 16E of the Crimes Act (Cth), I declare pre-sentence detention of 55 days as a period served pursuant to this sentence.
4. Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty to these offences I would have imposed a total effective sentence of 20 months imprisonment to be released after serving 9 months imprisonment upon you giving security of $1000 by recognisance to comply with the same conditions as set out above with the recognisance release order being for a period of 36 months.
5. I make the disposal orders in the terms filed with the court.

[1] The classification of whether the files were unique or duplicates is not described in the prosecution opening; however, it was agreed between the parties that the depositional material confirmed this was the case.

[2] DPP (Cth) v D'Alessandro [2010] VSCA 60; (2010) 26 VR 477, 488 [23].

[3] Simon Candlish Report at [144] - [145].

[5] See Defence written submissions [90-91] and the authorities cited therein.

[6] See Prosecution written submissions [19 (d) and the cases cited therein.

[7] R v Verdins [2007] VSCA 102; (2007) 16 VR 269 ('Verdins').