R v Homem [2025] ACTSC 343

[2025] ACTSC 343

For the offence of possessing child exploitation material contrary to s 65(1) of the Crimes Act 1900 (ACT), offender convicted and sentenced to a fixed term of imprisonment for 10 months commencing on 30 July 2025 and ending on 29 May 2026.

For the offence of using a carriage service to possess child abuse material contrary to s 474.22A(1) of the Criminal Code 1995 (Cth), offender convicted and sentenced to a term of imprisonment for 25 months commencing on 30 January 2026, and ending 29 February 2028.

I fix a recognizance release order that the offender is to be released on 29 July 2027, subject to the mandatory conditions under s 20(1B) of the Crimes Act 1914 (Cth), with a security of $1,000.

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - Judgment and Punishment - Sentence - offence of possessing child exploitation material - offence of using a carriage service to possess child exploitation material - importance of specific and general deterrence - where offender submitted that the offence was at the lower end of the range based on number of files - where offender submitted material was downloaded "accidentally" - where offender submitted he was "too lazy" to delete material - where offender provided "apology" addressed to the Court rather than the child victims - whether caring for elderly mother was exceptional circumstance justifying sentence other than fulltime custody

Crimes Act 1900 (ACT) s 65(1)

Crimes Act 1914 (Cth) Part 1B, ss 16A, 17A(1), 20(1B)

Crimes (Sentencing) Act 2005 (ACT) ss 10, 33

Commonwealth Director of Public Prosecutions (Crown)

Commonwealth Director of Public Prosecutions (Crown)

WARNING: THIS JUDGMENT CONCERNS CHILD ABUSE MATERIAL. THE ANNEXURE TO THE JUDGMENT INCLUDES DESCRIPTIONS OF THAT MATERIAL

1. Jude Homem stands to be sentenced after pleading guilty to two offences on an indictment, the first being an offence of possession of child exploitation material contrary to s 65(1) of the Crimes Act 1900 (ACT) and the second being an offence of using a carriage service to possess child abuse material contrary to s 474.22A(1) of the Criminal Code 1995 (Cth). The maximum penalty for the first offence is a period of imprisonment for 7 years, for the second a period of 15 years.
2. Mr Homem pleaded guilty on 12 March 2025 after a criminal case conference. That occurred after a lengthy delay during which it was proposed that there would be a pretrial application involving the cross-examination of technological experts. I accept, however, that the pleas nonetheless have considerable utilitarian value for the Court.
3. The offender is aged 58. He lives with his mother. On 6 September 2022, police executed a search warrant at their home and found a number of computers and electronic storage devices which were found to have child exploitation material and child abuse material on them.
4. Child abuse material is classified under the Australian Child Abuse Categorisation Schema by a four-tier categorisation model. Category 1, the most serious, is described in the material before me as:

Real child prepubescent, perceived to be under 13 years of age, media depicting a real prepubescent child/very first signs of puberty, and the child is involved in a sex act, witnessing a sex act, or the material is focused/concentrated on the anal or genital region of the child".

Other illegal content, child under 18 years of age. Other child abuse material that is illegal within Australia but does not fit category 1. Media may include images of children which are likely to cause offence to a reasonable adult where a child is subjected to sadism, torture, bestiality, or humiliation. Images may depict a child as the person conducting the activity or observing other persons. This includes animated text of children and photoshopped media.

6. The detail of the files found on the various computers and storage devices at the offender's home is set out in a statement of facts, which will be attached as an annexure to this judgment. The offender possessed a total of 3,902 child abuse material files consisting of 1,399 files (plus 122 duplicates) in category 1 and 1,757 file (plus 624 duplicates) in category 2.
7. A fresh indictment prepared after the criminal case conference charged the two charges to which I have referred as rolled up charges, one being the Territory offence based on two personal computers containing images; the other being the federal offence based on seven storage devices containing the child abuse material.
8. The sentencing task for the Territory offence is governed by the Crimes (Sentencing) Act 2005 (ACT), while the sentencing task for the Commonwealth offence is governed by Part 1B of the Crimes Act 1914 (Cth). Each sentencing regime imposes a constraint on the imposition of a term of imprisonment. In the case of the Territory offence, under s 10 of the Crimes (Sentencing) Act, the power to impose a sentence of imprisonment is enlivened only if the Court is satisfied, having considered possible alternatives, that no other penalty is appropriate. For the Commonwealth offence, a like constraint is imposed by s 17A(1) of the Crimes Act 1914 (Cth).
9. Mr Lo Schiavo, who appears for the offender, accepted that no sentence other than imprisonment is appropriate in the circumstances of the present case. The concession was, with respect, appropriate. Mr Lo Schiavo submitted, however, that the Court could appropriately order that any sentence of imprisonment be served by an Intensive Correction Order (ICO). The offender has been assessed suitable for such an order and has consented to its being made. The Crown submitted that only a sentence of full-time imprisonment would reflect the seriousness of the offences.
10. The determination of an appropriate sentence and the resolution of those competing submissions require the Court to make an assessment of the objective seriousness of the offence. That requirement is reflected in each sentencing regime - that is, the Territory regime and the Commonwealth regime - in the provision of each statute requiring the sentencing judge to make an assessment of the nature and circumstances of the offence.
11. In the present case, that task is complicated by the fact that the agreed facts are relatively sparse, including no information as to download history or the date on which any individual file was last accessed by the offender. The agreed facts simply list the devices found during the execution of the search warrant, the number of files found on each device and a very small sample of the files found.
12. The offender did not give evidence. He told the author of the Pre-Sentence Report and ICO Assessment that he denies having any knowledge of the content of the files found on his devices and that he had not accessed them. He stated he had downloaded movies which he described as "normal movies". He denied having knowingly downloaded any material in the nature of child abuse material or seeking out such material or having accessed it. He stated that he had placed these files elsewhere on his devices as they had not worked when he went to see what they were. He also stated that his devices and cloud storage system had been hacked at one time and that he did not know if that was how these files were found on his devices. He denied any interest in child abuse material or interest in young people sexually. He did not accept responsibility for what the author understood to be the offences.
13. It should be noted that the author of the report had been provided with an earlier iteration of the Crown case statement. The agreed facts on the strength of which the offender pleaded guilty to the two charges on the fresh indictment omits any reference to any evidence or circumstance from which it might be inferred that the offender had knowledge of the nature of the material he was downloading.
14. The offender also provided an "apology" to the Court. In that document, he stated that the purpose of the letter was to sincerely and wholeheartedly apologise for the possession of child abuse material as charged. He said, "I have great remorse for not taking action in deleting all the material when I realised that this was there and take immediate action". He also referred to his having shown "a serious lack of judgment" and said that his actions had had "serious consequences on my 82-year-old mother's health and to my current health conditions".
15. Finally, the offender's counsel, Mr Lo Schiavo, informed the Court that the offender's explanation for not deleting the child abuse material, according to Mr Lo Schiavo's instructions, was that the offender had been "too lazy" to do so, that is, to delete the material when he realised that it was there.
16. On the strength of the sparse agreed facts and the material to which I have just referred, the offender submitted that that Court could not be satisfied beyond reasonable doubt that his downloading of child abuse material was intentional. The implication was that he should be sentenced on the basis that he had accidentally downloaded child abuse material in categories 1 and 2, as I have described them, thousands of times. I do not accept that submission.
17. The suggestion that the offender did not know the nature of the material he was downloading, having regard to the number of files and the nature of the material, is frankly ridiculous. To repeat, his devices held 1,399 files, plus 122 duplicates, in category 1 which, as I have indicated, is a real child, prepubescent, perceived to be under 13 years and involving the child in a sex act, witnessing a sex act or in material concentrating on their anal or genital region. Some of the files were videos and some of those included material described as depicting cruelty. The names of the files tell the nature of the material.
18. Separately, it was submitted on behalf of the offender that his offences would be considered in the lower order of seriousness because there were fewer files than sometimes seen in cases that come before these courts. The import of that submission is that, in the present case, only 1,399 prepubescent children were raped or assaulted and filmed, or perhaps it is that fewer children were raped but more often. Either way, to characterise the offending by reference to the number of files tends to lend the offender's conduct an air of banality that conceals the depth of evil of this kind of offending.
19. I am satisfied beyond reasonable doubt that the offender downloaded child abuse material intentionally, knowingly and for a considerable duration of time. As submitted by the Crown, that is the only reasonable inference to be drawn from the number of files and having regard to the titles of some of the files. For those reasons, I do not accept the submission that the offending is of a lower order of seriousness.
20. The other matters to which the Court is required to have regard are set out respectively in s 16A of the Crimes Act 1914 (Cth) and s 33 of the Territory Crimes (Sentencing) Act (which largely reflects the s 16A factors). Relevant factors drawn from those provisions were addressed by both parties.
21. Common to each Act is the requirement for the Court to have regard, where known, to the impact of the conduct on any victim. I have already made clear my assessment of the impact on the real victims of this kind of offending - not the Court, not the offender's mother, but the children filmed in the material found on the offender's devices. The offender in his written submissions conceded that the offending material would have "significant adverse effects" on the children involved. That is an understatement.
22. I am required to have regard to the personal circumstances of the offender. As already noted, he is 58 years old. He has no criminal record. He completed education to a secondary level and has maintained a solid and continuous record of employment until his employment came to an end as a result of his being charged with the present matters.
23. He has a number of physical conditions which are relevant to sentence in a particular way. It was not submitted that any of his physical or indeed mental conditions was causative or relevant in reducing his moral culpability for the offences. However, it was submitted that two particular matters would increase the hardship that he would experience in serving a sentence of imprisonment.
24. First, there is medical material before the Court concerning the offender's involvement in a motor vehicle accident in 2016. That material includes a medical report apparently prepared for the purpose of civil proceedings arising from the nature of the accident. The author of the medico-legal report, Dr Antonella Ventura, a consultant forensic psychiatrist, described symptoms suffered by the offender as a result of that accident which she said are "distressing to him, however, they do not appear to be affecting his activities of daily living". She said his perception of pain restricts his ability to increase his working hours.
25. Plainly, as that report was prepared for a different purpose (that is, a claim for compensation), its use for present purposes is limited. I nonetheless accept that the symptoms suffered as a result of the motor vehicle accident will contribute to the harshness with which the offender experiences the term of imprisonment I will impose. In particular, Dr Ventura said that the offender suffers headaches all over his head, pain all over his body, including his ankle, numbness, pain worsening on sitting down and standing up, lower back pain and shoulder and upper back pain.
26. The second category of material before the Court may be described as relating to his neurological condition. There was a report before the Court dated 12 August 2017, again apparently prepared for the purposes of a civil claim in relation to the motor vehicle accident. The author of that report records that the offender has a diagnosis consistent with conditions which will contribute to symptoms of dizziness, unsteadiness, and which are consistent with mild post-traumatic peripheral vestibular disturbance.
27. I accept that the conditions suffered by the offender will contribute to the harshness of his experience of imprisonment. It was not contended on behalf of the offender that this had any causative impact on his offending and plainly it did not.
28. I have already referred to the fact that the offender has a history of employment. The Court was informed at the proceedings on sentence that he has no significant debts other than a debt to his mother for his legal fees in these proceedings.
29. A submission was made that the sentence, if the offender is sentenced to fulltime custody, will have an impact on his mother as he is her carer. She is presently aged 82. No evidence was put before the Court beyond assertion that the offender fulfils this role. It may be accepted that an elderly woman would be assisted by support from a family member. However, there was no evidence to suggest that she cannot cope without it.
30. The Crown noted that the Court is not authorised to release the offender on a recognizance release order unless satisfied that there are exceptional circumstances. The matters relied upon by the offender to establish such circumstances were the likely impact of a sentence of imprisonment on the offender's mother, combined with his medical conditions.
31. I accept that a combination of circumstances may be relied upon to establish exceptional circumstances for the purpose of the statute. However, I am not satisfied that exceptional circumstances are established in this case. Accordingly, it is not open to me to release the offender immediately on a recognizance release order for the Commonwealth offence. Even if exceptional circumstances had been established, I would not have taken that course in this case as, in my view, the offences are of sufficient seriousness as to warrant the offender serving a period of full-time imprisonment.
32. The offender is entitled to a discount for the sentences imposed on account of the plea of guilty. The Crown, when pressed, accepted that the discount would be in the order of 10 to 15 per cent. Mr Lo Schiavo submitted that the discount should be in the order of 15 to 20 per cent. I propose to allow a discount roughly in the order of 15 per cent.
33. Both parties provided comparable cases to which the Court is entitled to have regard in accordance with well-established authority, that is to say that sentences in other proceedings do not establish a range but they do give the Court guidance. Current sentencing practice is one of the mandatory considerations in the Territory legislation.
34. The authorities relied upon on behalf of the offender tended in the main to be older authorities. As noted by the Crown, those authorities were decided before the significant changes to the legislation introduced by the Federal government in 2020. The Crown submitted, and I accept, that when those amendments were introduced, the Commonwealth made plain its assessment that sentencing courts were not paying due regard to the objective seriousness of matters of this kind and the sentencing purposes of general and specific deterrence.
35. Specific deterrence is significant in the present case because the offender has, in my assessment, not engaged with the seriousness of his offending, or accepted responsibility for it. He has not, in my assessment, expressed any real remorse. I do not regard his apology as such. He has not undertaken any treatment to address the circumstance that is obvious from the nature of his offending, that is, that he has an interest in child abuse material. In my assessment, both general and specific deterrence must loom large in the present sentencing exercise.
36. Mr Lo Schiavo submitted that the offender should be found to have reasonable prospects of rehabilitation. He submitted that that conclusion was supported in part by the Pre-Sentence Report, in which the author stated that the offender had been assessed as "a low risk of general reoffending". However, that assessment refers to the risk of general reoffending rather than specific reoffending of the kind for which he now stands to be sentenced.
37. There is no assessment before the Court of the offender's criminogenic risk in respect of offending of the kind with which he has been charged. In the absence of his having undertaken any assessment or treatment in relation to that kind of offending, I cannot be satisfied, even on the balance of probabilities, that he has good prospects of rehabilitation in terms of specific reoffending.
38. In all the circumstances, I am satisfied that it is necessary to impose a sentence that includes a substantial term of full-time imprisonment.
39. As I have indicated, the discount that I will allow for the plea of guilty is in the order of 15 per cent. I propose to impose a fixed term of imprisonment that would have been 12 months and is reduced to 10 months for the plea in respect of the Territory count, and a sentence that would have been 2-and-a-half years and is reduced to 25 months on account of the plea for the Commonwealth offence. I propose, having regard to the principle of totality, to make the Commonwealth sentence cumulative by six months on the Territory offence. I will fix a recognizance release order that sees the offender released from prison 2 years from the date on which he was taken into prison. Accordingly, allowing for two days on remand when he was first arrested, the sentence will be backdated to last Wednesday, 30 July 2025.

(1) For the offence of possessing child exploitation material (SSCAN2023/134) contrary to s 65(1) of the Crimes Act 1900 (ACT), you are convicted. I sentence you to a fixed term of imprisonment for 10 months commencing on 30 July 2025 and ending on 29 May 2026.

(2) For the offence of using a carriage service to possess child abuse material (CC2022/8877) contrary to s 474.22A(1) of the Criminal Code 1995 (Cth), you are convicted. I sentence you to a term of imprisonment for 25 months commencing on 30 January 2026, and ending 29 February 2028.

(3) I fix a recognizance release order that you are to be released on 29 July 2027, subject to the mandatory conditions under s 20(1B) of the Crimes Act 1914 (Cth), with a security of $1,000.

I certify that the preceding forty [40] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice McCallum

Annexure to Judgment: Agreed Statement of Facts

1. Jude Alexander Homem ("the Offender") has pleaded guilty to:

a) One rolled up count of possessing child exploitation material contrary to s 65(1) of the Crimes Act 1900 (ACT); and > > b) One rolled up count of possess or control of child abuse material obtained or accessed using a carriage service, contrary to s 474.22A(1) of the Criminal Code (Cth).

1. The Offender was born on [redacted].
2. The Offender resides with his mother (born [redacted]), at [redacted] in the Australian Capital Territory ("the Offender's residence").
3. The Offender has lived at the [redacted] address for more than 40 years.

1. On 6 September 2022, police executed a search warrant at the Offender's residence. The Offender and his mother, the only occupants of the house, were both present.
2. During the search warrant police located several computers and electronic storage devices:

a) Black Pryon Mid-Tower Personal Computer ("Device 1")

b) Seagate 200GB Hard Drive ("Device 2")

c) Silver Toshiba Laptop with two Seagate External Storage drives ("Device 3")

d) Seagate 500GB Hard Drive ("Device 4")

e) Silver HP Pocket Media Drive ("Device 5")

f) Black HP Pavilion Personal Computer ("Device 6")

g) Panasonic SDHC 46B card ("Device 7")

h) SanDisk Memory Stick Pro ("Device 8")

1. Black HP Simple Save External Storage ("Device 9")

1. These devices were reviewed by police, who identified child abuse material on each of the nine devices.
2. Child abuse material on the devices was classified by police according to the Australian Child Abuse Categorisation Schema (ACACS). This is a four-tier categorisation model used by the Australian Federal Police and is adapted from the Interpol Baseline Categorisation Scheme. Categories 1 and 2 are as follows:

Category 1 - Real child pre-pubescent perceived to be under 13 years of age: Media depicting a real pre-pubescent child/very first signs of puberty and the child is involved in a sex act, witnessing a sex act or the material is focused/concentrated on the anal or genital region of the child.

Categorv 2 - Other illegal content, child under 18 years of age: Other child abuse material that is illegal within Australia but does not fit Category 1. Media may include images of children, which are likely to cause offence to a reasonable adult where a child is subjected to sadism, torture, bestiality, or humiliation. Images may depict a child as the person conducting the activity, or observing other persons. This includes animated, text of children and photoshopped media.

Black Pryon Mid-Tower Personal Computer - Exhibit number 366587/1 (Device 1)

1. Device 1 is a computer and was located in the Offender's bedroom.
2. On 6 September 2022, Device 1 held 87 child abuse material image files, including 61 duplicate files.
3. The 87 child abuse material image files were located in subfolder within the file pathway "Owner: Pictures".
4. Of the 87 child abuse material files on this device, 79 were classified as

Category 1 under ACACS. The remaining 8 files were classified as Category 2.

1. A sample of the files containing child abuse material on this device are described in the following table:

An image file of a female child, no older than eight (8) years of age, with an adult male person kneeling above her with an erect penis in his hand facing her mouth.

An image file of two (2) female children, no older than ten (10) years of age, subjected to engaging in cunnilingus with each other whilst an adult male person is holding a chain on the back of the uppermost child.

Black HP Pavilion Personal Computer - Exhibit number 366587/9 (Device 6)

14. Device 6 is a computer and was located in the spare bedroom of the Offender's residence.

1. On 6 September 2022, Device 6 held 12 child abuse material image and video files (9 video files and 3 image files).
2. Ten (10) of the files were classified as Category 1 under the ACACS, and the remaining 2 were classified as Category 2.

The child abuse material images and videos were located in sub-folders within the file pathway "Users: Jude".

1. A sample of the files containing child abuse material on this device are described in the following table:

A five (5) minute and fifty-one (51) second video showing a female child, no older than eight (8) years of age, being subject to engaging in fellatio of an adult male person.

An image file showing a female child, no older than eleven (11) years of age, naked sitting on the stomach of a male person with an erect penis. The female is holding the penis in her hand and the male has his hand on her vagina.

Seagate 200GB Hard Drive - Exhibit number 366587/3 (Device 2)

1. Device 2 is a data storage device and was located in the Offender's bedroom.
2. On 6 September 2022, Device 2 held 81 child abuse material image files.

a) At least 71 images of child abuse material were found in the folder pathway "Users: Jude: Pictures: Cruise Vanuatu, New Caledonia: New folder (2)". This subfolder contained 1,162 files; and > > b) 5 images of child abuse material were found in the folder pathway "Videos: New Computer: Downloads".

3. All 81 child abuse material images were classified as Category 2 under the ACACS categorisation system.
4. A sample of the files containing child abuse material on this device are described in the following table:

A female person engaged in penile/vaginal intercourse. The face on the female has been photoshopped onto the body and is 'Stephanie' from Lazy Town,[1] (Identified by label on screen).

A cartoon depicting Bart Simpson and Maggie Simpson engaged in fellatio.

A cartoon depicting Inspector Gadget and his niece, Penny. Penny is drawn as a ten (10) year old female child. Penny is holding a red ice block while pulling aside a string bikini bottom to expose her vagina and saying "Aww broke my cherry...Pop" while Inspector Gadget is watching.

Silver Toshiba Laptop with two Seagate External Storage drives - Exhibit number 366587/4 (Device 3)

1. Device 3 is a computer with external data storage devices and was located in the Offender's bedroom.
2. On 6 September 2022, Device 3 held a total of 1,868 image and video files classified as child abuse material, including 606 duplicate files.

a) 11 child abuse material video files were found in folder pathway "Owner: Videos" and numerous images were saved across various subfolders within the file "Pictures". The names of the subfolders included "Camera roll", "Camera roll - New folder" - New folder" - New folder(2)" etc.

3. After reviewing a large number of the files contained on this device, the police officer ceased viewing the content in detail for personal welfare reasons and in accordance with police guidelines.
4. Of the 1,868 files on this device, 1,865 (including 606 duplicates) were classified as Category 2 under ACACS, and the remaining 3 files were classified as Category 1.
5. A sample of the files containing child abuse material on this device are described in the following table:

A fifteen (15) second video showing a female child, no older than eleven (11) years of age, subjected to fellatio on an adult male person.

An animated image file depicting a female child, no older than five (5) years of age, subjected to penile/vaginal intercourse, digital penetration and surrounded by multiple adult men with erect penises.

An animated image file depicting a toddler, in nappies, subjected to fellatio on an adult male person.

Seagate 5006B Hard Drive - Exhibit number 366587/7 (Device 4)

1. Device 4 is a data storage device and was located in the Offender's bedroom.
2. On 6 September 2022, Device 4 held 251 (including 13 duplicates) child abuse material video and image files.

a) The child abuse material video and image files were in sub-folders entitled "Card Photo" and "New folderl", New folder10", New folder 12" and "New folder13".

3. Of the 251 image and video files that were child abuse material, 56 of the files were classified as Category 1, and 195 were classified as Category 2 under ACACS.

A sample of the files containing child abuse material on this device are described in the following table:

New!! PTHC Sex lessons - jerking & facial - show this training video to your daughter to get her ready

A one (1) minute and five (5) second animated video depicting a female child, no older than ten (10) years of age engaged in masturbating an adult male until he ejaculates onto her face.

A sixteen (16) second video showing a female child, no older than six (6) years of age, urinating into a toilet, being subjected to digital penetration of her vagina and penile/vaginal intercourse.

Silver HP Pocket Media Drive - Exhibit number 366587/8 (Device 5)

1. Device 5 is a data storage device and was located in the Offender's bedroom.
2. On 6 September 2022, Device 5 held 10 child abuse material video files.

a) The child abuse material video files were in sub-files within the file pathway "SRECYCLE BIN: S-1-5-21-2401177029-350039836-3121961149-1002".

3. Of these, 8 were classified as Category 1 under ACACS, and the remaining 2 files were classified as Category 2.
4. A sample of the files containing child abuse material on this device are described in the following table:

A five (5) minute and forty-six (46) second video file showing a female child, no older than four (4) years of age, being subjected to

digital penetration, penile/vaginal intercourse, and fellatio with an adult male person.

A seven (7) minute and forty-four (44) second video showing a female child, no older than eight (8) years of age, being subjected to penile/vaginal intercourse with an adult male person.

Panasonic SDHC 46B Card - Exhibit number 366587/10 (Device 7)

1. Device 7 is a data storage device and was located in the Offender's bedroom.
2. On 6 September 2022, Device 7 held 29 child abuse material video files.

a) The 29 images being child abuse material were located in a folder titled "NEW".

3. Of the 29 child abuse material image and video files, 28 were classified as Category 1 and 1 was classified as Category 2 using the ACACS system.

A sample of the files containing child abuse material on this device are described in the following table:

A nine (9) minute video showing a female child, no older than twelve (12) years of age, being subjected to fellatio, penile/vaginal and digital intercourse with an adult male person.

A six (6) hour and five (5) minute compilation video showing a female child, no older than ten (10) years of age, being subjected to fellatio, penile/vaginal intercourse, digital penetration by an adult male person. The child is wearing a collar around her neck, is tied up with yellow rope at times and engages in fellatio with a dog.

SanDisk Memory Stick Pro - Exhibit number 366587/11 (Device 8)

1. Device 8 is a data storage device and was located in the Offender's bedroom.
2. On 6 September 2022, Device 8 held 152 child abuse material image and video files, including 2 duplicate files (there were at least 9 videos and 135 images of child abuse material).

a) The child abuse material image files were saved in a subfolder entitled "PIC".

3. Of the 152 files on this device, 114 were classified as Category 1 under ACACS, and the remaining 38 were classified as Category 2.
4. A sample of the files containing child abuse material on this device are described in the following table:

A four (4) minute and one (1) second video file showing a female child, no older than fifteen (15) years of age, being subjected to digital penetration and penile/vaginal intercourse with an adult male person.

A two (2) minute and (50) fifty second video file showing a female child, no older than eleven (11) years of age, being subjected to engaging in masturbation and fellatio with an adult male person.

Black HP Simple Save External Storage - Exhibit number 366587/2 (Device 9)

1. Device 9 is a data storage device and was located in the Offender's bedroom.
2. On 6 September 2022, Device 9 held 1412 child abuse material image and video files, including 64 duplicate files.

a) The child abuse material image and video files were located in folders entitled "$Recycle Bin" and "Backup files" and "New Folder"

3. Of the 1412 files on this device, 1223 were classified as Category 1 under ACACS, and the remaining 189 were classified as Category 2.

A sample of the files containing child abuse material on this device are described in the following table:

An image file of a female child, no older that ten (10) years of age, being subjected to fellatio on an adult male person.

A one (1) minute and thirty-six (36) second video showing a female child, no older than five (5) years of age, being subjected to penile/vaginal intercourse by an adult male person, whilst in a bathtub.

A fifty-one (51) and nine (9) second video file showing a female child, no older than eight (8) years of age, being subjected to solo masturbation and fellatio with an adult male person.

1. An expert report obtained by the Offender identified that a total of 777 files, being:

a) 767 of the files on the Black HP Simple Save External Storage (Device 9); and > > b) 10 of the files on the Silver HP Pocket Media Drive (Device 5), were recovered from a file path indicating the files had been previously deleted.

2. The expert report concluded that these files were likely deleted while the devices - being removable drives - were connected to a Windows computer. The recycle bin was not emptied after these files were deleted and prior to removing the drives.

49. On 6 September 2022, the Offender possessed a total of 3902 CAM files, which includes 889 duplicate files, consisting of:

a) Category 1 files - 1399, plus 122 duplicates; and

b) Category 2 files - 1757, plus 624 duplicates (777 being deleted files).

[1] 'Stephanie' from Lazy Town is an 8 year old girl with pink hair.