THE KING v MICHAEL ALBERT MURRAY 19 NOVEMBER 2024
COMMENTS ON PASSING SENTENCE MARSHALL AJ
Mr Michael Murray has pleaded guilty to one count of possessing child abuse material, contrary to s 474.2(A) of the Criminal Code (Cth). He has also pleaded guilty to one charge of accessing child abuse material, contrary to s 474.22(1) of the Criminal Code (Cth). Pursuant to s 385A of the Criminal Code (Tas), Mr Murray has pleaded guilty to a charge under s 74 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 (Tas).
Particulars of the charge of possessing child abuse material are that on 21 September 2022, at Hobart in Tasmania, Michael Albert Murray possessed or controlled material being child abuse material in the form of data held in a computer, or contained in a data storage device, and Michael Albert Murray used a carriage service to obtain or access the material, contrary to s 474.22A of the Criminal Code (Cth). The particulars of the access child abuse material charge are that between 12 March 2022 and 20 September 2022, at Hobart in Tasmania, Michael Albert Murray accessed material using a carriage service, the material being child abuse material, contrary to s 474.22(1) of the Criminal Code (Cth). The particulars of the possess bestiality product charge are that on 21 September 2022, at Hobart in Tasmania, Michael Albert Murray had in his possession a bestiality product, contrary to s 74 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 (Tas).
The background to the offending is as follows. In August 2022, the Australian Federal Police received a notification from authorities in the United States of America about an Australian searching for child abuse material on the internet. Enquiries made by the Australian Federal Police identified the searcher as Michael Albert Murray. A search warrant was subsequently obtained in relation to Mr Murray’s address.
On 21 September 2022, members of the Australian Federal Police and Tasmania Police attended at Mr Murray’s residence for the purposes of executing a search warrant. During the search of Mr Murray’s primary residence and the adjoining property, also owned by Mr Murray, the police located and seized the following material:
- a white Styrofoam box containing 347 hand labelled, digital versatile discs (DVDs);
- one HP laptop;
- one ACER laptop
- a screen capture video converter; and
- handwritten notes containing names of websites and associated child abuse materials viewable on those sites.
The evidence in respect to the count regarding possessing child abuse material was as follows. Mr Murray had a particular method of reproducing and cataloguing child abuse material that he found online. Utilising his HP branded laptop, he would locate websites which displayed images and videos of child abuse material. He would then record the contents of his screen using a screen capture video converter device, which was connected to the laptop. Mr Murray connected the video recorder to a digital video recorder, which would burn the recorded child abuse material onto a blank DVD. Mr Murray would then handwrite a label on the DVD and place it in a Styrofoam container, which he kept in the ensuite of a bedroom in the property next door to his major residence. He would then utilise a separate ACER branded laptop when viewing the DVDs.
Investigators conducted a full analysis of the 347 DVDs seized from Mr Murray. The findings of that analysis were that there were 233 DVDs possessed by Mr Murray, which contained child abuse material. Within those DVDs there were 5,559 child abuse files. Due to Mr Murray’s way of screen-recording this material, each individual file contained numerous images and videos of child victims. Five thousand three hundred and thirty eight of the files depicted pre-pubescent female victims, 18 files depicted prepubescent male victims and 121 files depicted pubescent female victims. Four thousand six hundred and one of the files contained “self-produced” child abuse material, which depicted child victims being recorded performing sexual acts on themselves.
When played, the files show the accused scrolling through the websites which contain child abuse material, focusing on certain images, zooming in on images, returning to particular images and playing child abuse material videos from websites. Police found the recording system set up and connected to Mr Murray’s HP laptop at the time of the executing the warrant. The files included particularly depraved material. The material included female children as young as four years old.
The facts relating to the possession charge are also relevant to the charge regarding using a carriage service to access child abuse material. Investigators conducted a digital forensic analysis of the HP laptop seized from Mr Murray. The examination identified 360 cached images and 3 cached videos depicting child abuse material, with dates of access ranging from 12 March 2022 to 20 September 2022. Those files showed particularly depraved material, including an image of an adult naked female urinating into the mouth of a naked female toddler-aged victim.
The charge under State legislation regarding possession of bestiality product concerns the following facts:
- one DVD was located within Mr Murray’s Styrofoam box, which contained 11 files of bestiality material. The material depicted adult females performing fellatio on dogs and horses, as well as engaging in penetrative sexual intercourse with dogs.
Mr Murray participated in a record of interview during which he made a number of admissions. He said he had been viewing child abuse material for one to two years. He said he gets sexually aroused viewing this material and is sexually attracted to female children. He said he understood that child abuse material is illegal. He first started out viewing naturalist-type material but slowly moved from those websites to other links, which led to child abuse material. He usually types the particular site he wants into his browser. He prefers teenage girls to children. He has some particular sites of interest in his “favourites” folder within his browser. The children on the DVDs he produced would be “young, quite young to teenage and early teenage”. He said that once he has recorded the DVDs, he views the material every two to three days. He said he sometimes takes a break from viewing for a week or a month. He further said that he gets aroused and masturbates while he watches the DVDs. He claimed that he did not feel like he was hurting anyone when he watched the DVDs.
When asked by police what would have happened if police had not executed the search warrant that day, Mr Murray said that one box of the DVDs would have been it, but it may have transgressed to another box in time. Mr Murray gave a description of his recording and labelling method with the police. He was full and frank with his admissions to the police and was extremely co-operative.
At the conclusion of the search warrant, Mr Murray was placed under arrest and conveyed to Hobart Police Station where he was formally charged. He appeared at the Hobart Magistrates Court that day and was granted bail. He was on bail until the current matters came before the Court on 6 November 2024. On that afternoon the Court ordered the immediate imprisonment of Mr Murray after hearing submissions from Counsel. The Court remanded Mr Murray in custody until 19 November 2024 (today), at which time it was indicated that Mr Murray would be sentenced.
Mr Murray is 69 years old. He has no criminal history of any particular relevance to the current charges. Any criminal history he does have is in excess of 10 years old. He is currently a carer for his wife, who is ill. He is remorseful in relation to his offending and understands the impact it has had on his wife. In addition to being the main carer for his wife, Mr Murray, who is retired, also helps out relatives by driving them to appointments and outings. He suffers from depression with some suicidal ideation and has heightened anxiety when thinking of the cost of the offending for himself and his wife. Mr Murray has not accessed a computer for the last 18 months, with the exception of organising medical appointments and for banking.
Mr Murray is currently being treated by a psychologist for his depression and anxiety. Mr Murray, according to his psychologist, is addicted to pornography and feels guilty when viewing it. He feels frustrated and ashamed by it. He thought he should stop but was unable to do so.
The offending the subject of the Commonwealth charges, and the State charge, are extremely serious. The factual material only has to be recounted for one to be horrified and disgusted by it. To say so much is necessarily an understatement. Although Mr Murray feels sorry for the current predicament for himself and his wife, there does not appear to be any sorrow expressed by him for the victims of his criminal offending who, in the main, are children.
Counsel for Mr Murray made submissions in support of a home detention order being considered for his client. The Court considered that the offending was too serious to warrant a home detention order and that a period of actual imprisonment was appropriate given the gravity of the offending.
Taking into account general deterrence, denunciation of the offending conduct and protection of the victims, being children exposed to this depraved industry, the Court imposes a sentence of two years’ imprisonment on Mr Murray. The Court also orders that after 12 months’ imprisonment, Mr Murray is to be released by the making of an order under s 20(1)(b) of the Crimes Act (Cth) for Mr Murray to be of good behaviour for a period of 12 months. The sentence is to commence on 6 November 2024.
The Court orders the release of Mr Murray under paragraph 20(1)(b) of the Crimes Act 1914 (Cth) after serving 12 months of the term of imprisonment upon Mr Murray giving security by way of recognisance of $2,000 to comply with conditions that:
- he be of good behaviour for 12 months;
- be subject to the supervision of a probation officer (Community Correctional Services) appointed in accordance with this order for a period of 12 months;
- obey all reasonable directions of a probation officer (Community Correctional Services);
- not travel interstate or overseas without the permission of the probation officer (Community Correctional Services);
- undertake such treatment or rehabilitation programmes that the probation officer (Community Correctional Services) reasonably directs;
- report to the Hobart Community Correction Centre, located at 75 Liverpool Street, Hobart within two clear working days upon release from custody;
- report to and receive visits from a Community Corrections officer or officers;
- notify an officer at the specified Community Corrections Centre of any change of address or employment within two clear working days after the change;
- attend for assessment and, if assessed as suitable, treatment for sex offender programme or programmes to reduce re-offending as directed by Deputy Commissioner, Community Correctional Services and Sex Offender Management, or his or her nominee; and
- attend, undertake and complete the Sex Offender’s programme if assessed as suitable as soon as practicable after release from custody.
It should be noted, in addition, that but for Mr Murray’s full co-operation with the police, and his early guilty plea, the penalty which the Court would have imposed on him, would have been higher. Also, the penalty would have been higher had he been involved in sharing the child abuse material with other people involved in similar nefarious activities, as has been the case with some offenders sentenced by this Court.
The Court also takes into account that in sentencing Mr Murray that he has not been engaging, in the last 18 months, in the sort of activity that led to these charges. However, it should be noted, in that regard, that his access to computers has been limited as a term of his bail. There is no evidence that he has not complied with those terms. That, in my view, means that he has some reasonable prospects of rehabilitation, which may occur after he has served the actual term of imprisonment.
On the offending with respect to the State matter, under the Classification (Publications, Films and Computer Games) Enforcement Act, the Court imposes a custodial sentence of 12 months’ imprisonment, but makes that sentence wholly concurrent with the sentence imposed for the Commonwealth offending.
In respect of the imposition of an immediate term of imprisonment, it should be noted that the Court was not satisfied that there were exceptional circumstances which would compel it to adopt a different course.
In addition to the custodial orders and the order under s 20(1)(b) of the Crimes Act (Cth), the Court also orders that Mr Murray report to the Community Offender Register from the date of his release from custody, pursuant to s 6(1) of the Community Protection (Offender Reporting) Act 2005. The Registrar is directed to place the name of Mr Murray on the register and Mr Murray must comply with the reporting obligations under the Act for a period of two years.
The Court makes a forfeiture order under s 232D of the Crimes Act 1914 (Cth) that the 223 digital versatile discs seized from the address provided to the Court and containing child abuse material be forfeited to the State.