Bradley John Garget-Bennett

Posted: November 2, 2012 by Serendipity in Location, Queensland
Tags: , ,

Man jailed for collection of child pornography will be free in weeks after having sentence halved on appeal

  • by: Mark Oberhardt
  • From: The Courier-Mail
  • August 31, 2010 10:56AM

A MAN caught with more than 44,000 child pornography photographs and videos will be released within weeks after his actual jail time was halved on appeal today.

Bradley John Garget-Bennett’s sentence was cut from 3½ years to serve 21 months, to 2½ years to be suspended after 10 months.

The appeal result could see changes to the way in which internet child sex offenders are charged.

In the District Court at Southport last November, Bradley John Garget-Bennett, 32, pleaded guilty to a Commonwealth charge of using a carriage service to access child exploitation material between March 1, 2005 and September 14, 2008.

He also pleaded guilty to a charge under state law of possessing child exploitation material on September 13, 2008.

Gargett-Bennett was jailed for 3½ years, to effectively serve 21 months before being released.

The court heard Taskforce Argos police officers received information from Interpol about various websites and identified Garget-Bennett as having accessed hardcore child sex material.

One website depicted a series of images of a young girl under the age of four being raped by an adult male while a second set of images showed children aged about seven years engaged in various sex acts with an adult male.

The court heard Gargett-Bennett had used his credit card to subscribe to the site.

On September 13, 2008, police raided Garget-Bennett’s home and took his computer.

It revealed a total of 44,197 images with 40,848 in the least serious classification ranging up to two in the most serious group.

There were also 89 video files of which with five were in the most serious classification.

The court heard Garget-Bennett, who admitted a long term fascination with child exploitation material, was undergoing therapy.

Garget-Bennett appealed on the grounds the sentence was manifestly excessive and that the judge had wrongly decided he had to serve 60 to 66 percent of his sentence before being eligible for release.

In a 2-1 majority judgment, in which Justice George Fryberg dissented in part, the Court of Appeal upheld the appeal.

It set aside the sentence and imposed 2½ years jail, suspended after 10 months, on the state charge and a concurrent 12 months sentence suspended after 10 months on the Commonwealth charge.

In a joint judgment, Justice Cate Holmes and Justice Peter Applegarth said one of the difficulties with the sentence was the uncertainty of precisely what Garget-Bennett was being sentenced for in relation to the Commonwealth charge.

“The inevitable inference is that the judge either proceeded to sentence on the wrong basis or imposed a sentence which was manifestly excessive for a single offence of using the internet to access child pornography,” they wrote.

The judges also found after accessing other cases the sentence for the state offence was also excessive.

However, Justice Fryberg said it was notorious the internet had changed child pornography from a cottage industry to a multi-national business.

Justice Fryberg said those who accessed it contributed to a massive increase in the amount of child abuse.

After taking into account the mitigating factors he would have effectively reduced to sentence to three years and one day with a non parole period of 10 months.

Sentence for possession of child pornography reduced

Jason Rawlins

Posted Tue Aug 31, 2010 12:52pm AEST

A man from Queensland’s Gold Coast who was convicted of possessing child pornography has won an appeal for a reduced sentence.

Bradley John Garget-Bennett, 32, pleaded guilty in the District Court at Southport in November last year to using a carriage service to access child pornography and possessing child pornography.

He was arrested by police from the anti child abuse unit Taskforce Argos after a tip off from Interpol.

Garget-Bennett’s offending was uncovered after he accessed a website containing hard core child pornography.

Garget-Bennett was sentenced to three-and-a-half years’ imprisonment with a non parole period of 21 months.

But the Queensland Court of Appeal today reduced that sentence to two-and-a-half years to be suspended after six months after finding the original sentence was manifestly excessive.


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