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25% of accused had been convicted of earlier offences ANGRY police have revealed that a quarter of those arrested over child pornography allegations last week had walked free for similar crimes before. A Sun-Herald investigation has confirmed that NSW Police had charged more than 100 people with child pornography related offences in the past four years. But inadequate legislation and lenient Judges allowed all but two to walk back into the community with fines and bonds. A senior NSW police source said that, based on statistics and case studies involving people who had previously walked free, most offenders charged last week could "reasonably expect" to escape prison if found guilty. "Approximately seven of the 28 people arrested last week had formerly been charged with child pornography and sex-related offences," the source said. "And if you look at what has been going on since current legislation was introduced in 1997, it is feasible that most of those charged this week could also walk free ... which is utterly shameful. Last night, a spokesman for the NSW Attorney-General Bob Debus said that the State Government would review its child pornography legislation with a view to increasing penalties. NSW police are privately angry that child pornography legislation still lags behind stricter laws adopted by other states. In Victoria, Western Australia and the ACT penalties are five years' jail, more than double that in NSW. The senior police source said: "These types of offences are indictable in other states but here, possession of child pornography still only amounts to a summary offence with a maximum two-year sentence. "This needs to be changed as a matter of priority." ln 1997,the Carr Government increased the maximum penalty for possession of child pornography from 12 months to two years' Jail. Despite that, judges continue to ignore jail sentences in favour of sending offenders back onto the streets. In May, Craig Matthew Evans,of Thirroul,pleaded guilty to downloading 22,000 images of underage girls inexplicit sexual positions and 150 movie files of underage girls having sex. Magistrate David O'Connor ordered the 29-year-old be added to the Register of Child Sex Offenders and put on a two- year good behaviour bond. In 2003, magistrate Pat O'Shane gave a two-year suspended sentence to former teacher Gary Maxwell Featherstone, 53, from Chatswood, after he pleaded guilty to downloading more than 50,000 images of child pornography. Opposition Leader John Brogden described the ruling as a "grossly out of touch failure". Following an appeal, Featherstone received 12 months in jail. The Federal Government is introducing 10-year jail sentences for downloading child pornography but they won't be in force until February. The Sun Herald (3-10-2004) Eamonn Duff/ Frank walker |
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