DPP v Macumber

1. Your offending occurred between 4 and 15 January 2023 (Charge 1) and on 23 September 2024 (Charge 2).
2. On 23 September 2024, police executed a search warrant at your home where you were living with your then partner, her two children and your son.
3. Police seized four digital devices from your bedroom. You gave them the passwords to them.[5]
4. On an SD card they found three video recordings which you had secretly taken of your 11-year-old stepdaughter, naked, while she was in her bedroom or bathroom, before, after and during showering.
5. On 4 January 2023, you had set up a recording device in her bedroom. It filmed her walking into the room, after a shower, removing her towel and getting dressed. After she left the room, you retrieved the device. It is a 2-minute recording of her.
6. On 14 January 2023, you set up a mobile phone in the bathroom. It filmed her as she entered the bathroom and took off her clothing. She grabbed the phone and threw it into the hallway outside the bathroom. A minute later, you pick the phone up off the floor. It is a 2-minute recording of her.
7. On 15 January 2023, you filmed her, naked and showering, in the bathroom again. It is a 3-minute recording of her.
8. The three recordings, which you made, constitute your offending in Charge 1 - produce child abuse material.
9. Police also found 40 files of child pornography videos on one mobile phone, seven files on another phone and one file on your laptop computer.
10. They show naked prepubescent and peri-pubescent females being vaginally and anally penetrated by adult males, using penises and fingers, and performing fellatio on adult males and masturbating.
11. The crude file titles sharply describe the dreadful content.
12. Your possession of the child abuse material stored on your devices, when you were arrested on 23 September 2024, constitutes your offending in Charge 2 - possess child abuse material.
13. When police interviewed you, you admitted you filmed your stepdaughter to 'catch her... nude'. You said you got attracted to her 'boobs'. You said you had 'no intention of sexually assaulting' her. You described it as 'more of a leer' and said it was a 'curiosity thing'. You acknowledged that you 'shouldn't have done [it]'.
14. You also admitted you had downloaded files of child pornography from the dark web. You said you had them in a secure folder so your son could not access them. You said your initial curiosity became 'a bigger thing'. You acknowledged a 'sexual interest' and admitted to masturbating while viewing the pornography.

1. After they questioned you, police charged you with child abuse material offences. You were admitted to bail.
2. On 19 February 2025, at a committal mention, you entered your guilty plea.

1. Your stepdaughter made a victim impact statement.[6]
2. She felt scared when she answered the door to police who said they had a warrant to search your home. She was even more scared when she was taken to the Centre for Sexual Assault ('CASA'). She felt sick when she was told you had been filming her in the shower. She no longer felt safe in her own home. She wrote, 'I can't think about a happy moment without being sad because he was there.'

1. Your stepdaughter was young and vulnerable; and she was in your care. She was entitled to feel safe at home and to expect that you would respect her privacy.
2. While there is no suggestion you intended to profit from the recordings or distribute them to anyone, you furtively filmed her three times.
3. Yours was a gross and perverted breach of her trust. The deep harm, which you have caused her, is enduring.
4. While you possessed a relatively small number of files of child abuse material and there is no evidence you shared them with anyone or profited from them in any way, the material depicted real children engaged in cruel, degrading and depraved sexual activity.
5. Possessing child abuse material is not a victimless crime. It is repugnant because it supports a market to produce material which corrupts and sexually exploits children.[7]
6. Considering the nature and content of the child abuse material, and the number of images, which you produced and possessed, your offences are serious examples of serious crimes.

1. You were born in November 1993. You were 29 and 30 years old when you offended. You are now 31.
2. Your parents separated when you were five years old. You and your older sister lived with your mother. You saw your father on weekends.
3. Your mother re-partnered. Your stepfather physically abused you when you were about seven or eight years old under the pretence of 'teaching self-defence'. You describe yourself as a 'closed off' child and a 'quiet' student at school. After you completed Year 12 you got farm work with your father and, in 2017, got work at a piggery where you have worked for the last eight years.
4. You have remained close to your mother, and you have a friendly relationship with her current partner. Both supported you at your plea hearing.
5. When you were five years old a female teenaged babysitter sexually abused you. There were a number of sexual episodes. You feel shame because the encounters became enjoyable over time, and you encouraged them. You told no one, until a recent disclosure to your mother.
6. Your older stepbrothers introduced you to adult pornography at a young age. As you grew older, you masturbated to online pornography as a 'coping mechanism'.
7. As a teenager and young adult, you had three romantic relationships which all ended following your partners infidelity.
8. You were in a relationship with Monica[9] for around 10 years. In 2020, you had a son together and married. She had three older children from two prior relationships.
9. You got on well with her children. You have said however, that you felt your relationship with Monica deteriorated and you turned to gaming, energy drinks and pornography to cope with feelings of frustration, shame and disappointment.
10. After your arrest, you consulted your GP for a mental health care plan. You initially saw a psychologist[10] and then between February and May 2025 you had eight therapy sessions with another psychologist[11] for depression.[12]
11. That psychologist described you as 'a motivated and help-seeking client, who responded well to the structure of a cognitive behavioural approach'. According to her, you were 'motivated to explore your childhood trauma and sexual urges towards children'.[13]
12. She assisted you with trauma counselling. Sex offender treatment was outside her scope. With her help, you tried to obtain specialist sex offender therapy but there was no suitable provider in your region.[14]
13. You accept your relationship with Monica is over and a family violence intervention order prohibits you from having contact with her, her children, and your son. Nevertheless, your mother and stepfather have remained staunch.[15]
14. After your arrest you went to live with them until 20 June 2025 when you then moved into a flat.[16]
15. Your mother described you as caring, loving, considerate and unselfish. According to her, you worked hard to care for Monica and the children but ignored your own mental health and well-being. She wrote that since you have been getting psychological help, you have talked about your feelings, and you have also expressed remorse for the harm you have caused. You miss your son. You hope parent mediation will lead to future reunion with him. Your mother believes you can atone for your wrongdoing.[17]
16. Your employer has also stood by you. Knowing the charges against you, he continued to employ you until you surrendered yourself into custody,[18] and he has said if he can, he will re-employ you after your release from prison.[19]
17. To help to inform me in sentencing, I ordered your assessment by forensic psychologist.[20]
18. In her opinion, you suffer from a chronic major depressive disorder, with low mood, feelings of hopelessness, indecisiveness, poor concentration and suicidal ideation.
19. She believes the disorder is due to your childhood trauma, and gives context to your offending because your consequent development of an avoidant manner of emotional coping and the disruption of your psychosexual development:

a) may have contributed to your use of pornography for sexual gratification to relieve stressors; and > > b) may have contributed to a belief children may enjoy and initiate sexual contact with older individuals which, in turn, allowed you to disregard the harmful nature of your behaviour.

20. In her opinion, because of your depressive disorder, prison will weigh more heavily upon you than a prisoner of normal health and your mental state will likely deteriorate in gaol.
21. She recommends ongoing monitoring of your mental state, offence-specific intervention to address your risk of reoffending and longer-term psychological treatment to address your unresolved trauma and persistent depression.
22. Using recognised assessment tools, the psychologist assessed your risk of sexual reoffending as moderate. She made two qualifications to this assessment:

a) empirically, most child abuse material offenders have a very low risk of recidivism and an escalation to contact offending is rare; and > > b) you have no history of offending or other antisocial indicators that would suggest a higher risk of escalation to contact sexual offending.

23. She identified your voluntary engagement in counselling, your adherence to strict bail conditions and your stable accommodation since your arrest as factors which reduce the risk of your reoffending.

1. The sentencing principles for your offending are well-established.
2. Child pornography offences are regarded as very serious because they involve morally depraved conduct that exploits children and causes them extreme harm.
3. Possession of child pornography creates a market for the continued exploitation of children.
4. Those who make up that market cannot escape responsibility for such exploitation.
5. Limited weight must be given to an offender's prior good character.[21]
6. A range of factors, including the nature and content and volume of the child abuse material, and the gravity of the sexual activity depicted, bear upon the objective seriousness of offences.[22]
7. Child pornography is an international problem. Its grave harm, prevalence, increasing toxicity, and easy online access demand that general deterrence must be a paramount sentencing consideration.[23]
8. By s16A of the Crimes Act 1914 (Cth), I must impose a sentence that is of a severity that is appropriate in all the circumstances of your offending.
9. I must and I have had regard to the non-exhaustive list of matters in sub-section 16A(2) of the Crimes Act 1914 (Cth) as far as they are relevant and known to the court.
10. Because of the seriousness of your offending, a sentence of imprisonment is the only appropriate sentence in your case.[24]
11. Producing child abuse material is a Commonwealth child sex offence.
12. Under federal law, upon conviction, there must be a custodial component to any prison sentence imposed, unless the court is satisfied there are exceptional circumstances.[25]
13. I am satisfied that exceptional circumstances do not exist in your case.[26]
14. Additionally, when the court orders imprisonment with conditional release, by recognisance, there are mandatory conditions which include treatment or rehabilitation programs to address the risk of reoffending.[27]
15. There are mitigating factors which moderate the sentence I shall impose.
16. While personal factors carry less weight than general deterrence and protection of the community,[28] I do not overlook your prior good character. This is your first offending and, it follows, your first time in prison.
17. You admitted your wrongdoing when police questioned you. It shows an immediate acceptance of responsibility which is relevant to my assessment of your prospects of rehabilitation.
18. As well, you entered your guilty plea at the first opportunity. In addition to its utilitarian value, it demonstrates your willingness to facilitate the course of justice, and your remorse. I also accept your expressions of remorse are genuine.
19. Furthermore, I accept, your sexual abuse and premature exposure to pornography disrupted your psychosexual development and likely distorted your views about the impact and seriousness of your offending.
20. In my view, your moral culpability cannot be equated with a person who committed the same crimes but had the advantage of a normal and regular home environment.[29]
21. While I accept your moral culpability is reduced to a moderate degree, that is not to excuse your behaviour nor to suggest that you did not know the wrongfulness of your actions. You clearly did.
22. Moreover, I accept your adverse childhood experiences, including physical and sexual abuse, have caused you a chronic major depressive disorder.
23. I accept your depressive disorder will make prison harder for you than a person in normal health and, as a first-time prisoner in the stressful gaol environment, your mental health will likely deteriorate.
24. Your rehabilitation is another relevant sentencing factor.
25. You have a caring mother. You have a good work history and a supportive employer.
26. They are protective factors for your rehabilitation.
27. I accept your arrest, charge and prosecution has been a salutary experience.
28. Since your arrest, you have complied with court orders including the family violence intervention order and bail conditions which substantially restricted your use of digital devices and access to the Internet. You have not accessed any pornography. You have continued to work and, after living with your mother for a time, you secured independent accommodation until you voluntarily surrendered yourself into custody. You engaged in therapeutic counselling. You appear motivated to address your childhood trauma and your unhealthy sexual urges in order to reduce the risk of you reoffending.
29. Noting Dr Robertson's qualifications to the psychometric assessment, I conclude you are a low to moderate risk of sexual reoffending. With mandatory sexual offender treatment, I am cautiously optimistic you will not reoffend.
30. Overall, I assess your prospects of rehabilitation to be good.
31. To advance and encourage your rehabilitation, I will impose a sentence which gives you the opportunity for supervised release into the community after you have served an appropriate time in prison.

1. The prosecutor provided me with a helpful table of intermediate appellate sentences for producing and possessing child abuse material. [30]
2. I have had regard to them and other cases, including sentences of this court, to guide me in the relevant sentencing principles and to identify a range of sentences against which to examine your sentence.[31]

1. Because you are to be sentenced for more than one offence, the totality principle applies. Each of your offences, although of a similar kind, involves separate misconduct. I will not fix a non-parole period in respect of the State sentence I have imposed however, I will make a modest order for cumulation of your sentences, to ensure your total effective sentence is a proper measure of your overall criminality.[32]
2. While there is a statutory presumption of total cumulation[33] of the federal sentence on the state sentence, I have moderated the order for cumulation to ensure your overall sentence is one of a severity appropriate in all the circumstances of your case.[34]
3. By the sentence I impose, I must denounce your conduct, punish you and deter you and others from committing crimes of the same or similar kind. I must also look to your rehabilitation.
4. Considering the circumstances of your offending, your personal circumstances and antecedents, and endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you:

(a) On Charge 1, producing child abuse material, you are sentenced to 18 months' imprisonment.

(b) On Charge 2, possessing child abuse material, you are sentenced to 15 months' imprisonment which is to commence three months before the expiration of the sentence I have imposed on Charge 1.

1. I order your release, after serving three months of your federal sentence, upon you giving a recognisance of $1,000 to comply with conditions that you:

(a) be of good behaviour for a period of 12 months;

(b) be subject to the supervision of a probation officer for a period of 12 months;

(c) obey all reasonable directions of the probation officer;

(d) not travel interstate or overseas without the written permission of the probation officer;

(e) undertake such treatment or rehabilitation programs that the probation officer reasonably directs;

(f) report to the Bendigo Community Corrections Centre within two clear working days of your release from prison;

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

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

(a) you will be released after you have served three months of your federal sentence (in effect, after you have served 18 months' imprisonment); and

(b) you will be subject to a recognisance release order for 12 months after your release;

(c) the conditions of the recognisance are that you be of good behaviour for 12 months, in addition to the other conditions I have set out relating to your obligations to the probation officer who will supervise your recognisance;

(d) if you fail, without reasonable excuse, to fulfil the conditions of your recognisance release order you will be liable to:

(i) be fined for the breach of the order; and

(ii) be imprisoned for the period of 12 months which you would have otherwise served in the community.

1. To be clear, I intend, by the sentencing orders I have made, that your total effective sentence is 30 months' imprisonment and that you shall be released on reconnaissance after you have served 18 months in custody.
2. I declare you have already served 16 days of your sentence by way of presentence detention.
3. While there is some artificiality in the process, I declare but for your plea of guilty I would have imposed an overall sentence of three years and six months' imprisonment and required you to serve two years and three months in prison before your release on reconnaissance

1. The State offence of produce child abuse material and the federal offence of possess child abuse material is each a class 2 registrable offence under the Sex Offenders Registration Act 2004 ('the Act').
2. By operation of the Act, you are now a registered sex offender.
3. The applicable reporting period is 15 years.

[2] The maximum penalty is 10 years' imprisonment

[3] The maximum penalty is 15 years' imprisonment

[4] Exhibit A: Summary of Prosecution Opening for Plea. It contains agreed facts

[5] There is no sentencing discount. Section 3LA of the Crimes Act 1914 (Cth) compels compliance with a request for passcodes; does not count as cooperation with authorities

[7] DPP (Cth) v Garside [2016] VSCA 74; (2016) 50 VR 800, [19] - [25]; R v De Leeuw [2015] NSWCCA 183, [72]; Phibbs v The King [2023] VSCA 123, [51]; DPP (Cth) v D'Alessandro [2010] VSCA 60; (2010) 26 VR 477

[8] Your personal circumstances are set out in the report of a Forensicare psychologist, Dr Caitlin Robertson, who assessed you on 2 September 2025 (Exhibit 6)

[10] Letter of psychologist (Exhibit 3)

[11] Letter of second psychologist (Exhibit 2)

[12] You told Dr Robertson you have felt sad, ineffectual and without purpose for most of your adult life. You said you have pushed yourself to carry on

[13] Letter of second psychologist (Exhibit 2)

[15] They supported you at your plea hearing

[16] Because of tension with your stepfather

[20] Forensicare report of Dr Caitlin Robertson dated 29 September 2025 (Exhibit 6)

[21] DPP (Cth) v D'Alessandro (2010) 26 VR 467, [21]; R v De Leeuw [2015] NSW CCA 183, [72]; DPP (Cth) v Garside [2016] VSCA 74; (2016) 50 VR 800; Crowder (a pseudonym) v the King [2024] VSC 8211, [40] - [44]

[22] DPP (Cth) v D'Alessandro (2010) 26 VR 467, [21]; R v De Leeuw [2015] NSW CCA 183, [72]; DPP (Cth) v Garside [2016] VSCA 74; (2016) 50 VR 800

[24]See DPP (Cth) v Zarb [2014] VSCA 347; (2014) 46 VR 832, [27]; Garside, [25], [62]; Crowder, [44]. See also Crimes Act 1914 s 20 (1)(b)(iii). In reaching this conclusion I have carefully considered the written and oral submissions made by prosecution and defence

[25] Section 20(1)(b)(ii) Crimes Act 1914

[27] Section 20(1B) Crimes Act 1914

[28] Phibbs [2022] VSCA 123, at [51]

[29] DPP v Drake [2019] VSCA 293

[30] Table of comparative cases (Exhibit D)

[31] R v Pham [2015] HCA 39; (2015) 256 CLR 550, [26]

[32] Postiglione v R [1997] HCA 26; (1997) 189 CLR 295, 308

[33] Section 19(5) Crimes Act 1914 (Cth)

[34] Section 19 (6) Crimes Act 1914 (Cth)