Canberra & the ACT · Sexual offences
Child abuse material charges in the ACT.
Child abuse material offences are among the most serious matters the courts deal with, and they carry heavy penalties and lasting consequences. They are tried in the ACT Supreme Court. If you are under investigation or charged, the two most important steps are to say nothing to police and to get advice at once.
- Possession7 yearss 65 (aggravated 9)
- Producing / tradingUp to 15 yearsss 64, 64A
- CourtSupreme CourtIndictable
- First stepSay nothing, get adviceBefore any interview
The ACT offences.
Child abuse material offences in the ACT sit in the Crimes Act 1900 (ACT). In broad terms, s 65 covers possession of child abuse material, and ss 64 and 64A cover producing and dealing with such material, with higher penalties. Possession carries up to 7 years, and the production and dealing offences carry significantly more. Where a carriage service, such as the internet, is involved, parallel Commonwealth offences can also apply.
These are serious matters. This page sets out the legal framework only, so that a person under investigation understands the position and the importance of early advice. It does not describe any material.
Penalties and where the matter is heard.
These offences are indictable and are tried in the ACT Supreme Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and a conviction carries lasting consequences beyond the sentence. Because parallel Commonwealth offences can apply, the jurisdiction is checked at the outset.
Defences and issues that matter.
Possession, knowledge and control.
Possession requires knowledge and control. Where material was on a shared device, arrived unsolicited, or was not known to be present, possession may not be established. Device forensics are central.
The search and the devices.
How devices were seized and examined matters. An unlawful search, or a break in the handling of the exhibits, can affect the evidence.
Identity and attribution.
Who was responsible for the conduct on a device is frequently contested, and the technical attribution is tested.
How the matter is run.
These matters are handled with care and without judgement. The work is technical: the device forensics, the lawfulness of the search, and the attribution of the conduct. Anyone under investigation should say nothing to police about the substance and get advice before any interview. The presumption of innocence applies, and it is defended in practice.
Frequently asked.
What is the penalty for child abuse material in the ACT?
Possession under s 65 of the Crimes Act 1900 (ACT) carries up to 7 years, and 9 in an aggravated form. Producing and dealing offences under ss 64 and 64A carry significantly more. Parallel Commonwealth offences can also apply.
Should I speak to police if I am under investigation?
No, not about the substance, and not before advice. Say that you want to speak to a lawyer, and get advice at once. What is said in an interview without advice can do serious harm.
Where are these matters heard in the ACT?
They are indictable and are tried in the ACT Supreme Court. Where a carriage service is involved, parallel Commonwealth offences may also apply, which is checked at the outset.
Are there defences to these charges?
Yes, depending on the facts. Possession requires knowledge and control, the lawfulness of the search and the handling of devices can be examined, and the attribution of conduct on a device is often contested. Each matter turns on its own technical evidence.
Under investigation or charged? Get advice before you say anything.
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019