THE DEFENCE barrister for a man caught with more than 150 pictures of child pornography between his mobile phone and 14 USB's has argued his client should be given some leniency on sentence because his bail conditions were particularly "onerous".
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Hamish Norman Harrison fronted Tamworth District Court on Monday, and has pleaded guilty to two charges of possession or control of child abuse material using a carriage service.
Harrison was arrested in September 2020 and the conditions of his bail required him to be "chaperoned" anywhere outside of his home, including reporting to police four times a week.
He was also banned from using any device with access to the internet, including a smart phone, which defence barrister Steven Doupe argued isolated his client from contact with family and friends during COVID-19.
"He had to be chaperoned if at any time he was going to leave," Mr Doupe said.
How can he complain about something if he didn't try to change something?
- Judge Deborah Payne
"In my submission there's a difference between being unable to leave compared to being able to walk on the sidewalk 10 metres away from your premises - he was unable to do that as well."
Judge Deborah Payne questioned why an application had not been made to change the bail conditions if Harrison found them particularly difficult.
"How can he complain about something if he didn't try to change something?" she said.
"It [the matter] was in my list at least five times and he wouldn't come - he was too anxious.
"I've never seen the man before, so we had to keep putting it over."
Harrison was arrested in an Oxley Police District sting on September 3, and has remained on strict bail since.
Read also:
Mr Doupe argued that the court should take into consideration the difficult circumstances his client faced on bail when handing down his sentence.
But, Judge Payne said the offending was too serious for a home-detention order.
"Even if there was exceptional circumstances, it's a factor to be taken into account, but this offending is so serious it would not call for a home-detention sentence," she said.
"It calls for full custody.
"It's too serious for home-detention, as the courts have said, every single one of these images was a victim.
"Doing this perpetuates the whole system, somehow it has to be paid for. I'm not sure how, but it perpetuates those who provide the material."
The court heard a total of 186 items of child abuse material were found on Harrison's Samsung mobile and 14 USB storage devices.
A sample book of material taken from Harrison's collection was handed up to the court by solicitor for the Commonwealth DPP Julia Detheridge.
Ms Detheridge argued the random sample of material could allow Judge Payne to form an impression of what Harrison was looking at and the "depravity" of the material.
The matter will return to court later this week. Harrison will remain on bail.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark northerndailyleader.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter
- Follow us on Instagram
- Follow us on Google News