8 August, 2015
Adamson v The Queen [2015] VSCA 194
The Victorian Court of Appeal has considered whether there can be a presumption of harm to a child victim of cybersex offences, given the absence of a physical presence of the predator: Adamson v The Queen [2015] VSCA 194.
In dismissing an appeal against the severity of a prison sentence, the Court rejected the appellant's argument that sexual offences committed with a child via the medium of the internet were fundamentally distinct from sexual offences constituted by physical acts.
The Court specifically rejected an argument that the offence was of lesser severity when committed via the internet because the elements of intimidation and coercion were absent.
The Court held that in fact the internet did allow intimidatory and coercive techniques to be employed, and that the child remained vulnerable to manipulation by the offender, albeit manipulation practised in a different manner.
View decision here.
For further information, please contact:
Gordon Hughes, Ashurst
gordon.hughes@ashurst.com
