Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1:

1. Between 10 March 2023 and 1 January 2024, Cam Vinh Huynh ("the Offender") intentionally transmitted and accessed child abuse material in chats with nine other users on two social media messaging applications, "Zalo" and "Facebook messenger".

2. On 1 January 2024, the Offender arrived at Sydney International Airport from Vietnam. He self-declared that he had child abuse material on his phone and was subjected to a search by Australian Border Force, where such material was identified.

3. The Offender's mobile device also contained 33 images and videos constituting bestiality material.

The charges

4. As a consequence, the Offender has pleaded guilty to and stands to be sentenced for the following offences.

Table omitted can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19864050de2b0b3ec9126686)

The Offender has spent one day in custody referable only to these offences. Any sentence I impose will be backdated by one day to take into account that time.

The child abuse offences (sequences 3 and 2) are offences under Commonwealth law, whilst the bestiality charge (sequence 9) is an offence under New South Wales law.

General principles of sentencing

Sentences for Commonwealth offences

7. In addition to any other relevant factors, the Court must specifically take into account the matters listed in section 16A(2) of the Crimes Act 1914 (Cth) ("Crimes Act (Cth)") that are relevant and known to the Court.

8. The overarching requirement imposed by Part lB is that the Court must impose a sentence "that is of a severity appropriate in all the circumstances of the offence", having considered the non-exhaustive list of matters in section 16A(2) that are relevant and known to the Court.

9. Section 17A provides that a Court shall not pass a sentence of imprisonment unless satisfied that no other sentence is appropriate in all the circumstances of the case. Importantly, this principle is modified here. As the offences are Commonwealth child abuse material offences, there is a presumption of full-time imprisonment unless "exceptional circumstances" are found.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19864050de2b0b3ec9126686)

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