No jail time for child porn
A MAN has been sentenced to a suspended jail term of 18months after facing Kingaroy District Court last Tuesday in relation to a child pornography investigation, which took place last year.
On August 20, 2019, police executed a search warrant of Mitchell Holmes’ South Burnett property. During the search they located a laptop, which had five open tabs on the internet browser. The tabs depicted pre-pubescent and pubescent girls in varying states of undress.
A forensic examination of the 63-year-old’s laptop revealed 135 unique images, which depicted pre-pubescent and pubescent girls between the ages of six and 13, in varying states of undress.
“There was also a further 7598 unique images in the other illegal category, under the system of categorisation,” Judge Nicole Kefford said.
“Descriptions of the type of images include that one image featured a pubescent girl exposing her breasts and another exposing her vagina.”
A further 60 unique videos were located, described as primarily depicting girls between the ages of six and 16 in various states of undress.
Holmes pleaded guilty to two charges relating to the download and possession of the child exploitation material. The first charge relates to the use of a carriage service to access child pornography, which carries a maximum penalty of 15 years prison, while the second addresses the possession of the material, which carries a maximum penalty of 14 years prison.
According to defence solicitor Catherine Cuthbert, the offences stem from Holmes’ poor mental health, suggesting a combination of legal pornography and alcohol sparked a curiosity that led him down this slippery slope.
“He drinks heavily. Gets on the internet. Looks at pornography. And as is the way of these things, it seems to drift from the adult pornography into the child pornography,” Ms Cuthbert said.
She said psychologist Peter Stoker expressed the opinion Holmes was a situation offender, rather than a preferential offender. This means the material doesn’t reflect a sexual interest in underage girls, but is the result of other factors including alcohol abuse and poor self-esteem.
Judge Kefford accepted the opinions of Mr Stoker, saying rather than a term of imprisonment, “a sentence that focuses on rehabilitation is more appropriate”.
Holmes was sentenced to 18 months in prison, immediately suspended. He was also placed on an 18-month good behaviour bond and was required to undertake treatment and rehabilitation programs.