Recently, a Chambers Legal client was charged with using electronic communication to expose a child to indecent matter. They had sent online messages to a child under the age of 16 years that were sexual in nature and included pornographic material.
The child in this case was, in fact, an undercover police officer. When responding to our client’s messages, the officer had stated their age several times and made clear that they were underage.
As such, our client pleaded guilty and was placed on a 6-month pre-sentence order before being sentenced in the District Court.
What is a pre-sentence order?
The court system uses pre-sentence orders to assess a convicted person’s suitability for rehabilitation. The outcome of an order will help determine the final sentence.
Those who demonstrate willingness and ability to engage in treatment or behavioural change programs may receive a more favourable sentence.
Pre-sentence orders typically require the convicted person to:
- Attend rehabilitation programs
- Report to legal officers
- Stay away from certain places or people
- Abstain from drugs and alcohol
In this case, our client’s order imposed that they engage with a psychologist and produce clean urinalysis results.
Sexual offences and the law
Using electronic communication to expose a child to indecent matter is outlined in Section 204B of the Western Australian Criminal Code Compilation Act 1913.
Being found guilty of this offence will ordinarily result in immediate or suspended imprisonment for up to:
- 5 years – if the child in question is under the age of 16 years.
- 10 years- if the child in question is under the age of 13 years.
Many of these cases involve a police officer posing as a child (as was the case for our client). It is important to note that, although the police officer is not a child, it is still an offence if the accused person believed they were speaking to a child.
Our client’s sentence
When sentencing an accused person for this offence, the judge will consider:
- Whether the online chats were a once off or if they took place over a prolonged period.
- Whether the accused person made any plans to meet with the child.
- The age disparity between the child and the accused.
- If the accused attempted to hide their real age or identity (i.e. pretending to be closer in age to the child).
- The nature of the explicit material sent by the accused (this can range from sexually explicit messages, to pornography or explicit photos/videos of the accused).
During our client’s sentencing, Chambers Legal made clear to the judge how our client related to these factors.
We also drew attention to their active participation in rehabilitation programs and compliance with other pre-sentence order requirements.
Noting this, the judge gave our client a suspended prison sentence. This means that they were not immediately imprisoned and will not go to prison if they abide by the conditions of the suspension.
Contact a Sexual Offence Lawyer
Chambers Legal has an experienced team of sexual offence lawyers who can advise you on legal defences and prospects of success at trial.
Our team prides itself on working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you have been charged with a sexual offence and would like legal advice, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.