David Rees, Nigel Spicer face court in Orange over possession of child abuse material

David Richard Rees, 53, of West Orange, was charged with five counts of possessing child abuse material from August 2016 to June 2017, and one of disseminating child abuse material in 2016.

Nigel Paul Spicer, 50, of North Orange, faced one count of possessing child abuse material in April 21.

In each case the material fell under Interpol's category one, which is depicting images of children which are likely to cause offence to a reasonable adult, but where there is no actual sexual activity taking place.

Rees was arrested after police visited his former address in Molong with a warrant on October 19, 2020, and seized various devices.

Rees was not home but contacted the police the next day and made admissions to previously possessing and disseminating child abuse material but said he had since deleted it from all his devices.

However, a laptop and USB were later identified by police as containing child abuse material including a video of a man with a girl who was estimated to be about 10 years old.

Each of his photos and videos depicted unknown girls aged from about 10 to early teens in various states of dress involved in various acts. It included a video created on Rees laptop depicting two males and a girl aged no more than 13 years of age.

Police also found a trace of 76 other images categorised as child abuse on Rees laptop that had been deleted.

Spicer was arrested after police seized his mobile phones on April 20. On an old phone were three photos of naked pre-pubescent and early teenage girls also dating from 2017. Police also found a screenshot on that phone of related search results and links.

Magistrate David Day said the victim's were likely exploited and from countries "where children are enslaved".

"The offence is serious because of the effect on the children who are the subject of the pornographic material," Mr Day said.

However, he said he was faced with a dilemma when sentencing the men because an Intensive Correction Order, a community-based custodial sentence, was not a sentencing option. As a result the only sentences that could be considered were full-time jail or a Community Correction Order.

Complicating the issue, solicitor Mason Manwaring submitted a psychologist report that said Rees would benefit from a three-year psychological therapy program.

"If he's sent to jail he won't be eligible for custodial programs," Mr Manwaring said. "He is a low risk of reoffending."

Mr Day said if he sent Rees to jail he would not have access to rehabilitation programs that would help stop him reoffending in the future and his parole period would be two years, not long enough to complete the program in the community.

"In this abhorrent crime, general deterrence is required for stamping out child pornography, that's administered by sentences being imposed, in media, and by word of mouth," Mr Day said.

"This offending in my view should attract a custodial sentence and have access to rehabilitation programs."

Mr Day said as well as punishment, protection of the community was required and stopping people from accessing child pornography.

"If there's no market for it, there's no need for production of it," he said during Rees sentencing. "If this offender does not resort to similar offending, that's one way of stamping out the industry.

"Because of the need for Mr Rees to be rehabilitated under compulsion, I've come to the view that artificially the custodial threshold is not quite reached.

"Ultimately the protection of the community is better achieved if I convict Mr Rees on three-year Community Correction Orders and fine him."

Mr Day convicted Rees and fined him $6600, $1100 for each offence, in addition to the concurrent three-year CCOs so he could undertake all relevant programs for rehabilitation.

"If he breaks these orders I would jail him in an instant and any of my colleagues would jail him in an instant," Mr Day said.

The same issue applied for Spicer who was fined $770 and placed on an 18-month CCO. Mr Day also ordered him to complete 30 hours of community service.

"But for that [sentencing] anomaly I would have no hesitation in sending you to jail," Mr Day said to Spicer. "It's abhorrent".

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