Ballarat woman fined over illegal sex films

Toni Atkinson, of Ballarat, appeared in Ballarat Magistrate Court on Thursday where she initially pleaded not guilty to possessing X18+ DVDs with intent to sell before changing her plea to guilty. The court heard the store manager of the Club X Store on Armstrong Street North was inside the adult shop when police executed a search warrant on July 8 of last year.

Police prosecutor Sergeant Ivan Blomley told the court police seized 840 DVDs with an X18+ classification, 216 with no classification, 26 film boxes with an X18+ classification and another box of films in a rear storage room.

Sergeant Blomley said 11 DVDs were sent to the Classification Board who confirmed the classification was X18+.

He said Atkinson made no comment in an interview to police following the raid.

Defence lawyer, Peter Allaway, told the court Atkinson denied being the owner of the store and was “simply an employee … who happened to be the sole person on the premises on the day”. 

Mr Allaway argued if Atkinson pleaded guilty she would be punished for simply going to work.

“Ever since the raid there hasn't been any of this product in the premises. She believes this will continue,” he said.

Mr Allaway, who told the court Atkinson had appeared in court previously for similar offences, said she had a heart attack in 2009 and was clinging onto the job “because she has been there for some time and accumulated some long-service leave” that she felt the need to take advantage of for a current heart problem.

Describing the defence as “flimsy”, magistrate Franz Holzer said the suggestion Atkinson was a mere employee is a “furphy”. 

“This isn't run of the mill material … it's illegal,” he said.

“… it is a large scale operation. They were there for sale, not good looks.

“To say ‘I was only doing my job’ is no defence. Being the store manager makes it worse.”

Upon changing her plea to guilty, Mr Holzer warned Atkinson she would be jailed if she appeared in court again on similar charges.

“People have choices, if people chose to work in these kind of shops … you put yourself at risk … it isn't as simple as saying you were an employee,” he said.

Atkinson was fined $4000.