PRODUCTION OF CHILD PORNOGRAPHY IN VICTORIA, AUSTRALIA
The consequences for conviction could be very severe if you are found guilty of child pornography in Victoria. But you should know to defend yourself in Court in such cases. Here, below mentioned is the answers to the basic questions that you should know.
Where do you find the law about Production of Child Pornography?
Section 68, Crimes Act, 1958.
Will the Sunshine Magistrates’ Court, Victoria hear Child Pornography Production cases?
Any indictment or summons for Production of Child Pornography will be generally before a Judge in the County Court.
What is the highest penalty for Production of Child Pornography at the Sunshine Magistrates’ Court, Victoria?
If guilt for the charge of Production of Child Pornography is successfully established in Court, the highest penalty that could be imposed for the charge and is usually given only for the worst cases of Production of Child Pornography is 10 year imprisonment.
What Defences Can Be Used?
Defences that are sometimes used are:
- Absence of Required Intent
- Honest and Reasonable Mistake of Belief
- Wrong Identification
- Other Factual Errors
Where to now?
An experienced criminal law specialist is the right person who should be advising you in relation to Production of Child Pornography.
How does Prosecutor at Sunshine Magistrates’ Court establishes Production of Child Pornography?
Prosecutors may start the case in Sunshine but ultimately it will be heard in the Melbourne County Court.
To establish that an accused is guilty, the following must be shown to have occurred:
- deliberate and intentional printing, production, or making of a film, photograph, publication, or computer game by the accused;
- and presence of a person who is, or who appears to be, a minor engaging in a sexual activity or in an indecent sexual manner or act in the film, photograph, publication, or computer game.