THE KING v JUSTIN LAURENCE HALL 7 JULY 2023
COMMENTS ON PASSING SENTENCE BLOW CJ
Mr Hall has pleaded guilty in the Magistrates Court to six Commonwealth charges relating to child abuse material. Officers of the Australian Federal Police and Tasmania Police searched his home in May 2022 as a result of information received from authorities in the USA and found evidence of his offending on a mobile phone.
On 11 and 12 May 2022 Mr Hall exchanged messages with a person who used the name Pam and claimed to live in Oregon. They discussed incest and some forms of child sexual abuse. Mr Hall committed the offence of using a carriage service to solicit child abuse material by asking Pam, “Have you got any young pics or anything”.
A couple of hours later he committed the offence of using a carriage service to transmit child abuse material by sending Pam an image depicting an early pubescent female, about 11 years old, who was naked and taking a “selfie” of her face and breasts.
On 11 May 2022 Mr Hall used a chat group application to exchange messages with a person who used the name Brendon. He committed the offence of using a carriage service to solicit child abuse material by asking that person for photos of young girls. He committed the offence of using a carriage service to transmit child abuse material by sending that person an image depicting an early pubescent female, about 12 years old wearing only underwear and exposing her breasts.
On the morning of 11 May 2022 Mr Hall used his mobile phone to access and download 15 files containing child abuse material over a period of about 90 minutes. Twelve child abuse images and three child abuse videos were found on the phone. In relation to that material, he committed the offences of using a carriage service to access child abuse material, and possessing or controlling child abuse material obtained or accessed using a carriage service. The images included those sent to Pam and Brendon. Two of the video files depicted girls about six years old being penetrated orally, vaginally and anally. One of the images depicted the genitals of a girl about 18 months to 2 years old. The rest of the material did not involve the same degree of depravity.
Mr Hall was 26 years old at the time of the offending and he is now 28. He is single and childless. He lives with his mother and step-father. He appears to have no significant prior convictions. He has been in stable employment for most of his adult life, but lost his last job last November as a result of poor behaviour at a work dinner after he had had too much to drink. He is now receiving Centrelink benefits.
At the time of his offending Mr Hall was a user of methylamphetamine. For sentencing purposes I ordered a report from a probation officer, and that officer reported that Mr Hall had been using half a gram of the drug per week, but that he ceased using it once he was charged. His counsel told me that he had no interest in child exploitation material before he started using methylamphetamine, and that he was disgusted by such material when he was not affected by the drug. The probation officer reported that he cannot comprehend or understand why he behaved as he did, and that he said that he was mentally exhausted from trying to understand his actions.
Mr Hall has a history of drug and alcohol problems. He reported that he was a functioning alcoholic several years ago, for a period of two years. It is significant that he lost his last job because of alcohol use. He has experimented with cocaine, MDMA and speed.
He attributed his offending to isolation and loneliness, telling the probation officer that he felt a need to interact with people on-line. He told that officer that he felt depressed and was experiencing a loss of appetite and difficulty in sleeping. He has been prescribed anti-depressants in the past. When he spoke to the probation officer, he expressed an interest in taking steps to deal with his mental health problems and reported that he had experienced suicidal ideation regularly. I have been told this morning that he has given effect to the intention that he spoke to the probation officer about. He was admitted as an in-patient in a psychiatric ward several weeks ago and spent about ten days there. He was prescribed two forms of medication that he is still taking. He has seen his general practitioner about his mental health, has been referred to a psychologist, and has had two therapeutic sessions with that psychologist. He has arrangements for further appointments with the psychologist and the general practitioner, and he has made arrangements for alcohol and drug counselling. He is doing all the right things to deal with his problems.
The probation officer provided a home detention assessment report. Mr Hall’s mother and step-father both expressed concerns that a period of home detention would exacerbate problems relating to his social isolation and mental health. He was assessed as being unsuitable for both home detention and court-ordered community service because of mental health concerns. However he was assessed as being suitable for a period of community based supervision.
In the light of the concerns expressed by the probation officer, I do not consider a home detention order would be appropriate in this case. There is an unacceptable risk that such an order would exacerbate Mr Hall’s mental health problems. The only appropriate course is for me to pronounce a sentence of imprisonment, make a recognizance release order, and make orders as to supervision by a probation officer. Section 20(1)(b) of the Crimes Act 1914 (Cth) requires me, if I pronounce a sentence of imprisonment, to make an order that would require Mr Hall to spend some time in prison before his conditional release unless I am satisfied that there are exceptional circumstances.
I am satisfied that there are exceptional circumstances warranting Mr Hall’s conditional release immediately upon his sentence being imposed. Those circumstances consist of the short duration of his offending (a little over 24 hours); the small number of child abuse files involved; the fact that Mr Hall appears to have offended because of methylamphetamine use and has stopped using that drug; his remorse; his mental health problems that were undiagnosed but which he is now taking steps to address; and the fact that I have concluded that home detention would be unsuitable because of the risk that it would exacerbate his mental health problems.
Mr Hall’s conduct in relation to the child abuse material was serious. As Mr Hall understands, the children in the images and videos were abused so that others could gain sexual gratification from viewing that material. The suffering of the children makes it necessary for offences relating to child abuse material to be punished as serious crimes. Mr Hall had no way of knowing what harm might have been done as a result of him sending child abuse images to the people called Pam and Brendon. However, having regard to all the circumstances of this case, I consider that the orders that I make should focus on Mr Hall’s rehabilitation.
Justin Laurence Hall, I convict you on all charges and sentence you to a global term of four months’ imprisonment. I order that you be released immediately upon you giving security without sureties by recognizance that you will comply with the following conditions:
- You will be of good behaviour for a period of 12 months.
- You will be subject to the supervision of a probation officer during that period.
- You will obey all reasonable directions of the probation officer during that period.
- You will not travel interstate or overseas without the written permission of the probation officer during that period.
- You will undertake such treatment or rehabilitation programs that the probation officer reasonably directs during that period.
I make a community correction order, for an operative period of 12 months from today, with special conditions that during that period:
- You must comply with the conditions of the recognizance release order made today.
- You must submit to the supervision of a probation officer as required by the probation officer.
- You must undergo assessment and treatment for alcohol and/or drug dependency as directed by a probation officer.
- You must submit to testing for drug use as directed by a probation officer.
- You must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer.
- You must comply with all reasonable directions of a probation officer in relation to education, employment, alcohol consumption, substance abuse, your finances, and social contacts.
I order that the Registrar appointed under s 42 of the Community Protection (Offender Reporting) Act 2005 place your name on the Register under that Act, and that you comply with the reporting obligations under that Act for five years.