On 22 April 2008 Cooper had posted on a publicly accessible news group two video files containing child pornography. It was this posting that brought Cooper to the notice of the authorities.
Cooper pleaded guilty to 2 counts:
- One count of using a carriage service to publish child pornography material between 22 April 2008 and 23 April 2008 contrary to section 474.19 (1)(a)(v) of the Criminal Code (C’th) (maximum penalty of 10 years imprisonment); and
- One count of intentionally possessing child pornography between 24 May 2003 and 6 January 2010 contrary to section 65(1) of the Crimes Act 1900 (maximum penalty of 5 years imprisonment or 500 penalty units or both).
- For the offence of publishing child pornography material imprisonment for 1 year; and
- For the offence of intentionally possessing child pornography imprisonment for 1 year 7 months, partly cumulative on the first count.
This gave a total head sentence of 2 years. His Honour ordered that 1 year be served by way of periodic detention and that the balance of the sentence be suspended upon the prisoner entering an undertaking to comply with good behaviour obligations for a period of 1 year.
The Director appealed against the inadequacy of the sentence on the second count of intentionally possessing child pornography.
The Court of Appeal unanimously upheld the Director’s appeal and increased the sentence on this count to 2 years and 7 months imprisonment. Cooper was re-sentenced to a head sentence of 3 years, of which 18 months was to be served by way of periodic detention. (The fact that Cooper had already served a significant proportion of his sentence when the appeal came to be heard ameliorated the increase in his sentence.)
Of particular significance, the Court accepted authorities from other jurisdictions that in cases such as this, limited weight should be attached to the prior good character of the offender as such offences are committed frequently by persons of otherwise good character.
R v COUSINS
In 1979, Mr Cousins began employment as a payroll officer with the Catholic Education Office for the Archdiocese of Canberra and Goulburn. By May 1998 Cousins had advanced to the position of Senior Payroll Officer. As such he had responsibility for the disbursement of income payments to teachers, support staff and religious organisations for 56 schools within the Archdiocese of Canberra and Goulburn. In performing this role, he had exclusive access to the payroll system, which included administrator rights.
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ANNUAL REPORT 2011-12 DIRECTOR OF PUBLIC PROSECUTIONS 30
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