A magistrate has been persuaded not to jail a 27-year-old Ballarat North man who was found with hundreds of child exploitation images.
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Sentencing via a videolink from the Geelong Magistrates Court, magistrate Ronald Saines told Patrick Cronin the small percentage of illegal images found, combined with his clean criminal history and early plea convinced him jail was not the most appropriate action.
Cronin had earlier pleaded guilty to one count each of possessing child pornography and possessing cannabis.
In June the Ballarat Magistrates Court heard 62,340 images were found on Cronin’s laptop, with 612 images showing examples of illegal child exploitation.
A number of the 612 images included sexual activities with toddlers and pre-pubescent children.
Sentencing was deferred until Wednesday while a community corrections order (CCO) was completed.
Having read the report Mr Saines said he was persuaded not to impose a term of imprisonment.
“The offence is punishable by prison, and in some cases the courts find no alternative than to impose a term of imprisonment,” Mr Saines said.
“But in your case it can be said only a small number of images were found among the larger number of images you have downloaded.”
Cronin was convicted and sentenced to a two-year CCO with conditions to undertake 200 hours of community work and participate in a sex offender program.
He was also placed on the sex offender register for eight years.
“Not only you, but the community will benefit from the court implementing treatment and rehabilitation, rather than placing you in prison which could be unproductive,” Mr Saines said.
“Were there to be any form of repeat it is likely you will receive a substantial term of imprisonment.”
Cronin’s lawyer said her client understood he was at a point in time where he could benefit from conditions on a CCO order.
“He is more than willing to do such things,” she said.