CDPP v Rule [2026] VCC 242

1. On 18 June 2024 police attended at your home for the purpose of executing a search warrant. A search was commenced, during which investigators located an Apple iPhone 11 Pro Max in a black case. You provided police with information to access the Apple iPhone 11.
2. Initial review of the phone identified that the Telegram application had been installed on it. The application itself had subsequently been offloaded, as the device itself had automatically removed the application due to it not having been used for a period of time. The content of your Telegram account was nevertheless obtained by police accessing the application from your laptop.
3. Police identified child abuse material in your telegram account within a chat conversation between you and another user 'TA' on 4 June 2023.
4. Throughout the course of this conversation, you received from user 'TA' 17 videos categorised as child abuse material at 10:39 am. You received a further 16 videos categorised as child abuse material from this same user at 10.46 am. You responded positively to the receipt of this material.
5. These 33 videos depicted a number of forms of sexual activity with male children ranging from preschool to pre-pubescent in age.
6. A series of examples of the child abuse material located by police on your device was detailed in the Crown summary and will not be repeated here, given the graphic nature of the content. I have had recourse to the entire document.

1. You participated in a record of interview with police. In that interview, you admitted ownership of the relevant device. You initially denied using the Telegram application, however later admitted having it on your mobile a long time ago and stated that you did not actively use it. You told police that it was plausible that on the 4 June 2023, the date of the offending, another person may have accessed your mobile phone during a group sex party.
2. Essentially you denied responsibility for your offending at this time.
3. You were placed under arrest part-way through your interview with police. Upon the conclusion of the interview, you were charged and then granted bail.

1. It is trite to say that your offending is serious.
2. Online sexual offending involving children is reprehensible offending which, whilst easy to commit, is often difficult to detect given the anonymity the internet is able to provide. This is highlighted by the chronology in your case, given the period of some 12 months between your offending and it being detected.
3. It is long established that the objective seriousness of such offending is determined by reference to a range of factors. Whilst not exhaustive, these include:

(a) the nature and content of the material;

(b) the number of items or images possessed;

(c) whether the material was held for the purposes of sale or further distribution;

(d) whether the offender would profit from the offence;

(e) the number of children depicted and thereby victimised; and

(f) the length of time for which the child abuse material was possessed.

1. As referred to earlier, you allowed investigating officials to access the relevant devices.
2. You are not said to have solicited the material which was sent to you by 'TA'. The Telegram application containing the material was offloaded by your phone at some point later, indicating a lack of continuing interest. There is no suggestion of sale, distribution or profit and you are said to be in possession of the child abuse material for a single day
3. The volume of material is an indicator of the seriousness of the offence, as is the type of material and degree of depravity. I am in the unenviable position of being able to say that there are worse examples in terms of quantity of images possessed, although the content was particularly vile and abhorrent.
4. The Crown opening refers to an earlier conversation on Telegram with another user where you expressed an interest in 'naughty stuff' including 'young guys' and referenced 'the younger the better'. This is to give context to your offending. In your case I could not be satisfied that there is a background of long-term interest in child abuse material. However, I do accept that there must have been a degree of your own sexual gratification or interest in your possession of such material, given that context, the nature of your conversation with 'TA', the fact that the material was pinned to a Telegram chat and was readily accessible at the time of your offending and your use of an alternative name in your communications on an application which can be encrypted.
5. Whilst your moral culpability is of some significance, I accept the submission made on your behalf that overall the objective gravity of your offending is towards the lower end for an offence of this type.
6. However, yours is not a victimless crime, nor were you a passive recipient. This offending axiomatically involves and supports a market that revels in the exploitation of children in order to meet demand. It also risks the creation of demand. In today's world environment the children exploited in such material are at risk of continuing to be exploited in perpetuity and internationally.
7. General deterrence is and must be a primary sentence objective. Personal circumstances such as prior good character, age and rehabilitative prospects are given less weight in this context.
8. Sentences of imprisonment are ordinarily warranted.

1. I am obliged to take into account the stage at which you entered your guilty plea. This matter resolved at committal stage in the Magistrates' Court without the calling of evidence. You entered a guilty plea on 4 March 2025.
2. There is clear value in saving witnesses of the need to give evidence, particularly the need for court participants and any jurors being exposed to the material you possessed. There is also utilitarian value in saving the community the time and expense of contested proceedings.
3. I accept that your decision to plead guilty was at an early opportunity.
4. I am satisfied that, whilst still developing insight, you are remorseful for your offending and have taken responsibility for it.
5. These factors will be taken into account in your favour.

1. Your personal circumstances were helpfully outlined in defence submissions and the report of psychologist Dr Mickael Bojczenko, dated 15 October 2025.
2. You are currently 35 years of age and were born in January 1990, which I think would actually make you 36. You were raised in the Bendigo area and grew up living with both of your parents and your older sister. Your father worked as a carpet layer and, until she had children, your mother worked as a pharmacist.
3. You told Dr Bojczenko that you had a close relationship with your mother and a more distant relationship with your father. You described having a good relationship with your older sister.
4. You completed your education in Bendigo and moved to Melbourne in 2009. You felt more comfortable identifying as homosexual in Melbourne than you had in Bendigo.
5. You commenced drug use in your final year of schooling, at which time you used cannabis sporadically. Upon the completion of your secondary education you engaged in the recreational use of party drugs.
6. You found employment in the energy industry from 2011.
7. Your use of illicit substances increased when you were in your 20s.
8. Whilst working overseas in 2013, you were made aware that you had contracted HIV. Your drug use increased and your mental health declined. You did manage to maintain your employment and, presently, your physical health is being well managed.
9. Your mother passed away in 2017 due to complications experienced after suffering an aneurysm. Her death was unexpected and I am told this had both a profound and detrimental impact on you, as she was your primary emotional support.
10. I am told that after your mother's passing you experienced the unexpected loss of other close family members, including your uncle and aunt. I am told that your father also passed away due to a heart attack in 2022.
11. Following the death of your father, you moved from Melbourne back to your childhood home in Bendigo for the purpose of packing up and preparing the house for sale. This was all confronting for you. You remained in Bendigo for some 18 months, which also coincided with some of the lockdown periods in response to the COVID-19 pandemic. You had lost your paid employment. You describe your social connections as having thinned out over time. You told Dr Bojczenko that you felt these relationships were shallow due to being based around drug use.
12. The majority of your connections were online and it is in this context that you came into contact with user 'TA'. You say that you were attracted to this user and that your engagement with that user was with a view to further contact and approval. You had commenced using methamphetamine in 2017 and at the time of your offending, you were engaging in daily methamphetamine use. In essence, you became increasingly isolated and your drug use had increased. It is in this context that your offending occurred.
13. With respect to your relationships it is reported that you have had several short‑lived romantic relationships. Your most significant relationship ended after your then partner's drug use became problematic. You are currently single.

1. I have taken all material tendered on your behalf into account.
2. In terms of your prospects of rehabilitation, you have no prior criminal history and I am told there have been no further matters since your offending of 4 June 2023.
3. The chronology would indicate that the search of your premises which revealed your offending, took place in June 2024. As referred to earlier, the matter had resolved by 4 March 2025. A plea listing on 25 July 2025 was vacated due to funding issues. Your matter was not reached at a further plea hearing on 16 October 2025. Your plea was therefore not able to proceed until 16 February 2026, some 20 months after your arrest. I accept that this time frame in circumstances where you were indicating a willingness to plead guilty would have been an additional source of stress as you have had to await finalisation of this matter.
4. This period has also offered opportunity to further assess your prospects for rehabilitation.
5. You are again in full-term employment in the energy sector, working as a senior analyst for AusNet. A letter confirming your employment was provided.
6. You have purchased your own apartment, hence have stable accommodation. You have taken the responsibility for the care of two dogs.
7. You have cut ties with negative associates and have a small group of friends who you view as positive influences. A reference from Robbie Tapping, dated 13 October 2025, confirms that he has known you as a friend for some seven to eight years. You told him about your offending and he describes himself as feeling shocked and confused, as your offending was difficult to reconcile with the person that he otherwise knows. You have spoken with Mr Tapping about your shame, embarrassment and remorse.
8. Joshua Davies has provided a reference, dated 12 October 2025, and has known you for some 10 years. He finds your offending to be a lapse in judgement and to be out of character for you. You have also spoken to him about your sorrow and regret for your offending.
9. You have undergone psychological treatment. In a report dated 15 October 2025, Dr Mickael Bojczenko, psychologist, observes that you would appear to experience some symptoms of anxiety and depression. You also suffer from low self-esteem. In Dr Bojczenko's opinion, your psychological profile reflects someone with limited coping skills who is emotionally reliant on others and seeks validation from them.
10. You were accepted into sex offender treatment with Dr Bojczenko and multiple treatment goals were established. You are said to have shown insight into the impact of child abuse material and to be working on your social isolation, which had been identified as a risk factor for you. You had attended eight treatment sessions.
11. In his report from October 2025, Dr Bojczenko was of the opinion that your offending was likely to represent an isolated incident and was not necessarily your typical behaviour nor a tendency towards sexual deviance. You were described as being open and engaged in the therapeutic process. He did recommend continued treatment.
12. In an addendum report dated 6 February 2026, Dr Bojczenko advises that you had attended three further treatment sessions. The focus had been on minimising your drug use and addressing factors relevant to social isolation. Continued treatment was again recommended. I accept that there is an established therapeutic relationship which is of benefit to you and therefore ultimately of benefit to the community.
13. You completed a methamphetamine personal education program of two and a half hours' duration in November of 2024. Nevertheless, you continue to use methamphetamine and I am told that you are making efforts to decrease your use. I would encourage you to continue with these efforts.
14. Much is now at risk for you should you chose to reoffend.
15. I accept that your offending is likely to be associated with a particular set of circumstances and that there has been a degree of sanction and deterrence in your need to be involved in the court processes. Your additional efforts to seek assistance and to achieve stability in your life add to my view that you have good prospects for rehabilitation. Less weight should attach to the sentencing principles of specific deterrence and protection of the community in that circumstance.

1. Commonwealth child sex offences generally require an immediate term of imprisonment on sentence. Section 20(1)(b) provides that offenders cannot be immediately released on a recognisance release order unless the court is satisfied that 'exceptional circumstances' exist. Otherwise, the offender must serve a period of imprisonment before release.
2. Your counsel contends that the court could consider a sentence which saw you placed on a community corrections order or alternatively, if the court was of the view that your offending warranted imprisonment, then I could find that exceptional circumstances exist and allow for your immediate release on a recognisance release order.
3. The Crown submitted that your offending did warrant a term of imprisonment, but the factors particular to your case would allow a finding that there are 'exceptional circumstances'.
4. I do agree with the Crown submission, and that is also a reflection of the gravity of the material that was found in your possession.

1. The charge for which you have entered your plea is a Class 2 offence under Schedule 2 of the Sex Offenders Registration Act 2004. I am required to register you for a period of eight years, and I do so. You will be provided with relevant paperwork which you will be required to sign.
2. The Federal sentencing regime is set out in Part 1B of the Crimes Act 1914. Under that regime s16A (1) requires the court to impose a sentence that is of a severity that is appropriate in all the circumstances. That requirement must obviously be read together with the need to ensure that a person is adequately punished for the offence. Section 16A(2) sets out a non-exhaustive list of factors that the court must take into account where they are relevant and where they are known to the court.
3. Of particular relevance to your case are the nature and circumstances of the offence, general deterrence, specific deterrence, prospects of rehabilitation, contrition, your plea of guilty, the need for adequate punishment and your character, antecedents, age, means and physical or mental condition. I have been through those requirements in my sentencing remarks to date.
4. I have taken into account the matters contained in Part IB of the Commonwealth Crimes Act and specifically the principles referred to in s16A and the factors listed in the relevant sections.
5. Section 16A(2AAA) requires the court to have regard to the objective of rehabilitating a Commonwealth child sex offender
6. Section 17A requires that imprisonment is to be a sentence of, I describe, 'last resort', and only to be imposed where a court is satisfied that no other penalty is appropriate in the circumstances of the case.
7. I have outlined the relevant matters going to mitigation. In my view, those matters are not such as to outweigh the need to impose a term of imprisonment as a reflection of the gravity of the offending, given the nature and the content of the material you possessed and to which you have entered your guilty plea.
8. If I have not made it already clear, from a combination of circumstances submiitted on your behalf, I am satisfied you have overcome the threshold of exceptional circumstances.
9. I have also taken into account current sentencing practices for the offence to which you have pleaded guilty. I was assisted by a list of comparative cases provided by both the Commonwealth and your counsel. Whilst there are understandable differences, they were of some assistance.
10. I am about to turn to the sentencing task. Do either of you need to bring anything to my attention?
11. MR MORRISON: I'm not sure how specific Your Honour's mandate was, not having appeared before you, but I think Your Honour might have said at paragraph 2 it was 8 June, the search warrant execution. It was the 18th. I'm not certain how particular Your Honour's mandate is.
12. HER HONOUR: Let's be precise where we can.
13. MR MORRISON: Of course.
14. HER HONOUR: I had it as 18 June in another spot and didn't recall which one was correct, so thank you for that, bringing that to my attention.
15. MR MORRISON: That's all, Your Honour.
16. HER HONOUR: It won't have an impact on the sentence I'm otherwise bound to impose.
17. MR MORRISON: Of course not.
18. HER HONOUR: Thank you. Anything from your end?
19. MS VERMEZOVIC: Nothing, Your Honour.
20. HER HONOUR: All right, thank you.
21. Mr Rule, for Charge 1 on the indictment, possess or control child abuse material obtained or accessed using a carriage service, you are convicted and sentenced to 10 months' imprisonment. That sentence is to commence today. You are to be released forthwith on a recognisance of $1,500 and a requirement that you be of good behaviour for a period of 24 months.
22. I further direct that you comply with the following further conditions upon your release:

(a) you are to 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 24 months;

(b) you are to obey all reasonable directions of the probation officer (Deputy Commissioner, Community Correctional Services in Sex Offender Management or his or her nominee);

(c) you are not to travel interstate or overseas without the written permission of that officer;

(d) you are to undertake such treatment or rehabilitation services that the Deputy Commissioner of Community Correctional Services in Sex Offender Management or his or her nominee reasonably directs;

(e) you are to report to Community Correctional Services Victoria within two clear working days of today;

(f) you are to receive visits from a community corrections officer upon that release, if undertaken; and

(g) you are also to notify an officer of the specified community correction centre of any change of address or employment within two working days after any such change.

1. Whilst perhaps somewhat clumsily worded by me, those conditions will be reflected in the draft order provided helpfully by the Commonwealth.
2. In my view, this order presents you with a chance to continue to change your life in a positive fashion, should you choose to take up that opportunity, and the support that should be made available through the orders just made.
3. The effect of this order is that you are to be released immediately. It is akin to a suspended sentence of imprisonment. During the period of good behaviour, which exists for 24 months, you must not commit any other offence punishable by imprisonment or you risk a breach of the recognisance and you may be required to serve the remaining 10 months' imprisonment.
4. Section 6AAA of the Sentencing Act requires me to state the sentence I would have imposed had you not pleaded guilty. That sentence would have been a sentence of 18 months' imprisonment and you would have been required to serve 10 months immediately before release on recognisance for a period of 30 months.
5. Hopefully all of that is clear. If it is not, you are ably assisted by your representative today.
6. Anything I need to do from your end, Mr Morrison?
7. MR MORRISON: Nothing at all, Your Honour, thank you.
8. HER HONOUR: Very well. And anything I need to do from your end?
9. MS VERMEZOVIC: No, Your Honour.
10. HER HONOUR: All right. That's a document that does need to be signed though, isn't it, Mr Morrison?
11. MR MORRISON: The RRO?
12. HER HONOUR: Yes.
13. MR MORRISON: It does, Your Honour, yes.
14. HER HONOUR: Very well. Should I stand down temporarily? I'm just going to stand down temporarily while the draft is completed. You can check it. Mr Rule can be taken through it and then we can finalise. Thank you.
15. MR MORRISON: As Your Honour pleases.

1. HER HONOUR: Apologies for the delay. We've had a range of technical difficulties, but you've been through this with Mr Rule?
2. MS VERMEZOVIC: Yes, I have, Your Honour.
3. HER HONOUR: Mr Rule, I ran through the conditions in the sentencing. I'm told that you've been taken through them. Are you satisfied that you understand? Don't worry about standing up, but thank you.
4. OFFENDER: Yes, Your Honour.
5. HER HONOUR: Are you satisfied you understand the conditions?
6. OFFENDER: Yes, I am.
7. HER HONOUR: All right. Well, I've signed it too now. You'll be provided with a copy. I suggest you stick it to the fridge. The only one who really knows fully the background to all of this is you. If there's things that you need to sort out, get them sorted out, won't you? Because, in the nicest possible way, I don't want to see you again.
8. OFFENDER: You won't.
9. HER HONOUR: Good. All right, thank you to each of you for your assistance. It's very much appreciated. I'll close the court till 9.30, thank you.