Criminal Defence Lawyers for Using Carriage Service for Child Pornography or Child Abuse Material

Using Carriage Service For Child Pornography Material – s 474.19 or s 474.22 Commonwealth Criminal Code

Charged with an offence of using a carriage service for child abuse or pornography material is extremely daunting. Our criminal defence lawyers are leading specialists in child sex cases with over 20 years experience in successfully securing not guilty verdicts, and getting these charges dropped early countless times.

Your Options in Court

PLEADING NOT GUILTY

You can only be guilty to the offence of using a carriage service for child pornography or child abuse material if police can prove the following 3 elements of the charge beyond reasonable doubt:

  • You either accessed, transmitted, made available, published, distributed, advertised, promoted, or solicited material; and
  • That material is either child pornography or child abuse material; and
  • You did this using a carriage service.

Your charge will be dismissed, and you will be found not guilty if police are unable to prove each of the above 3 elements of this offence in court.

Defences to this charge

You will be Not Guilty if:

  • No intention: Where you did not intend to access, transmit, make available, publish distribute, advertise, promote or solicit the material. It occurred accidentally, or without your knowledge.
  • Accident: You stumbled upon the material i.e. while searching the Internet for other things, or while downloading other files, and upon discovering the material, you immediately made attempts to get rid of it.
  • At the time, you were not aware of there being a substantial risk that the material is child abuse or pornography material, and in the circumstances is was justifiable to take that risk.
  • Your act was for a proper lawful purpose i.e. law enforcement officer, security, or intelligence officer acting in the course of your duty, acting in the administration of justice, or conducting educational, medical or scientific research
  • Mental illness defence: At the time of the offence, you were suffering a mental illness i.e. Schizophrenia that caused you to either not control your actions, not know what you were doing, or be unaware of the rightness or wrongness of that you were doing.
  • Intoxication: Where you were so intoxicated at the time, you were incapable of forming an intention to commit the offence.
  • The person depicted in the material appears to be over 18 years of age, or the material depicted is not something that reasonable people would regard as being offensive in the circumstances.

You will be found not guilty and your charge dismissed in court if any one or more of the above defences apply to your case.

Speak to one of our highly experienced lawyers now for realistic advice and guidance on the best defence for your case. Our lawyers specialise in child sex cases, with a proven record of successfully proving their clients innocence in court, and getting these charges dropped early countless times for over 20 years.

PLEADING GUILTY

If pleading guilty to an offence of using a carriage service for child abuse or pornography material, it is essential to get experienced advice and guidance from an expert in child sex cases. See the following critical tips on what you need to know in best preparing your case to maximising your chances at securing the best possible outcome.

25% Discount on punishment

Pleading guilty early enough to this offence will get you a 25% discount on your punishment, resulting in a more lenient punishment and better result. This discount begins to reduce the later the plea of guilty is entered.

For this reason, it’s highly advisable to get early advice from an experienced lawyer.

Good character references

This is a letter from family, friends, colleagues, charity, from yourself as an apology for the Judge to read for him/her to consider giving you leniency, giving you a better result.

The letters should comment on your remorse, good character, shame, and understanding of your behaviour for maximum results. Our lawyers will guide you in the process.

Negotiate to drop charges

By carefully reading the police evidence, an experienced lawyer can point out all the holes in it to police. This can prove critical in convincing them to drop the charges early if done the right way.

Our senior lawyers specialise in getting charges dropped, and hold an exceptional record of successfully achieving this over the years countless times.

Negotiate facts

The police set of facts is initially drafted by police for the Judge to read. It expresses in detail your offending behaviour which you plead guilty to. It can often be inaccurate, one sided, painting you in a worse light than it should. This often results in a heavier punishment.

For this reason, our lawyers often change this with tactful negotiations to express you in a much more favourable light, often resulting in a much more lenient, better outcome. This is best achieved by having a thorough knowledge of the evidence, and it’s holes.

Psychologist reports

Getting a powerful report from an experienced and respected leading psychologist or psychiatrist for the Judge to read often can significantly improve your court result, giving a much more lenient punishment.

For maximum results, the report should comment on your mental state, your understanding of your wrongdoing, remorse and shame. Our senior lawyers will pick the best suited expert suited to your case for the report.

Maximum penalty

The maximum punishment for using a carriage service for child pornography, or child abuse material, is a term of imprisonment of up to 15 years.

It’s important to know, however, that the maximum is rarely given by Judges, and is generally ever only given to the most serious offenders.

Types of penalties

Based on the preparation and presentation of your case to the Judge, the Judge will give you any one of the following types of punishment for this offence:

  1. Section 10 Dismissal
  2. Conditional Release Order
  3. Fine
  4. Community Correction Order
  5. Intensive Correction Order
  6. Full Time Imprisonment

For accurate, realistic and experienced advice and guidance, speak to one of our criminal defence lawyers who have been specialising in child sex cases for over 20 years. They will work around the clock in preparing your case, and presenting it in a way that will it you in the best possible position. The law take the offence of using carriage service for child pornography or abuse material very seriously.

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