David August Kruhse

Posted: December 12, 2012 by Serendipity in Northern Territory, Photo
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Kruhse – David August - Photoa

 

http://www.ntnews.com.au/article/2011/12/24/279881_ntnews.html

Child porn guilty plea

MEAGAN DILLON   |  December 24th, 2011

A MAN charged with possessing child pornography would not have broken the law if he had sex with a 16-year-old girl but will spend five months in prison for looking at a picture of one, a court heard this week.

David August Kruhse, 43, pleaded guilty in the NT Supreme Court to possessing 2262 child abuse images and 269 movies on his computer.

But his lawyer, Peter Elliott, told Justice Stephen Southwood that Kruhse only had an interest in looking at “attractive” 16 or 17-year-old girls.

“If he had actually engaged in sexual activity he wouldn’t be committing a crime,” he said.

Crown prosecutor Lisa Brown said the relevant legislation defined a child as being under 18 years.

She said 23 images and 31 movies were in the worst two categories which showed children engaged in sexual activity with adults.

But Mr Elliott said his client simply downloaded a file off the internet and did not look at all of the images.

“You don’t choose … It’s not like a big display (of pictures) and you say I want this one and this one,” he said.

“He is a regular with the exception of this (incident) Territory bloke.”

Justice Southwood said during sentencing Kruhse yesterday that the material was “dumped” on his computer and he may not have known images of the worst category were in the file.

But he said the rigger was an “intelligent” person who intentionally sought child porn on the internet for his own gratification, something that caused its production.

“The community strongly disapproves of such behaviour,” he said.

He convicted and sentenced Kruhse to 10 months jail to be suspended after serving five months.

 

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