NAMED: Man used internet upgrade to download child porn
A COURT has heard how a man "took advantage" of his new unlimited internet service and downloaded a torrent which contained child exploitation material in the process.
Adrian Wolff, 38, pleaded guilty in Bundaberg District Court to one count of using a carriage service to access child pornography and one count of possessing child exploitation material.
The court heard Wolff accessed about 50 videos of female children aged between eight and 15 posing in sexualised positions, as well as a number of images.
When police searched Wolff's home last year he directed them to a hard drive in his bedroom which contained the files.
At the time Wolff claimed the material was downloaded between two and three weeks prior but evidence indicated the files were downloaded about six weeks before the search.
Crown prosecutor Carla Ahern told the court the material located was at the lower end of the scale in comparison to other similar cases which came before the court.
Ms Ahern submitted to the court that a prison term of up to 12 months was in range and recent changes to legislation meant Wolff must serve actual time unless there we exceptional circumstances.
She said in Wolff's favour was his early guilty plea, co-operation with the search and lack of relevant history.
Wolff's barrister Callan Cassidy told the court at the time of the offending his client was searching for other unrelated material, and the torrent file he downloaded contained a large number of items which included the images and videos.
Mr Cassidy told the court Wolff had no sexual interest in children or the material and planned on deleting it.
He said his client made admissions to police and was remorseful for his actions and there was a small volume of material in his possession.
Mr Cassidy said Wolff's possessing and accessing of the material was "certainly out of character".
Judge Dennis Lynch took into account Wolff's plea of guilty and his co-operation with authorities.
Judge Lynch said the quantity of material was at the lower end of the scale compared to other cases which came before the courts.
However, he said the possession of child pornography was not a victimless crime.
"No one should be under any misapprehension that the possession of child exploitation material or child pornography is a victimless crime," he said.
"In order for that material to be created, somewhere in the world real children were grossly abused for the sexual gratification of adults and that's abhorrent.
"Your accessing, downloading or having possession of that material contributes to that vile trade."
Wolff was sentenced to 12 months imprisonment which was wholly suspended for two years.
He was also sentenced to a further 12 month imprisonment to run concurrently with the other term and was released on a $1000 good behaviour bond.