Are you facing criminal charges for Possession of Child Pornography?
Charges of contravene to the Crimes Act 1958 (Vic) carry up to a 10 year imprisonment should a finding of guilt be proven beyond reasonable doubt. There are many elements to this offence which the prosecution must prove to establish guilt in such an indictable offence. Defences are available for crimes of this nature but require significant circumstantial evidence to be successful.
MK Law has provided many clients with outstanding results for charges of this nature and will provide FREE legal advice at the earliest stage following a Police interview or charges being laid. The crucial time period applicable to such charges rests on our specialty legal experts being able to analyse the evidence, charges and determine the best course of action moving forward. Whether or not the prosecution can prove their allegations of child pornography is a complicated process.
Best practice is to have your legal representation become comprehensively aware of the specific sections of the Crimes Act 1958 that you have allegedly broken. Knowledge that the person was in-fact a minor for example; or what the classification displayed or advertised was if any in relation to the material or film being submitted as evidence. Was the material contained within a computer game or through a print or online publication? Furthermore, certain cases can be defended by establishing lawful reason concerning the possession of child pornography material.
Contested hearings and pleas in mitigation will typically be heard adversarially in the County Court of Victoria meaning the finding of guilt is found via jury. The decision of whether to plead guilty or contest the case of possession of child pornography is incredibly serious given the resulting sentence or punitive imposements on your life should the strategy be unsuccessful. A qualified legal professional should always be consulted in order to obtain advice on this decision. Having your name registered on the sex offender list will always have severe consequences to not only your family life, your career and social circumstances but may also result in being incarcerated for long periods of time. Before pleading, you should have MK Law inspect the evidence against you to determine the chances of successfully having the below elements found prove.
The prosecution must prove the following elements beyond reasonable doubt:
- The defendant did possess a film, photograph, publication or computer game;
- The film, photograph, publication or computer game described or depicted a person;
- The person was or has appeared to be a minor;
- The person was depicted:
- Engaging in sexual activity, or
- In an indecent sexual manner or context.
MK Law can provide 24/7 legal advice
regarding charges of this nature
by calling 1800 130 120 immediately.
Charges relating to the possession or procurement of child pornography will sometimes be heard in the Magistrates Court if the amount of material is small, should there be significant amounts of abusive data or material be confiscated for processing, the County Court will hear the matter. You may have the option to have this type of case moved back to Magistrates Court and heard summarily but this should be discussed in detail with an MK Law barrister or solicitor before making such a decision.
Damage control for charges of possession or procurement of child pornography will require commencement at the earliest instance and advice will be needed relating to the interaction between the Police and the accused offender to who the allegations relate.
Do not let your future become tainted with the stigma of child pornography charges, get in touch with one of the MK Law Barristers and Solicitors today to have your next move planned and coordinated in a direction that best serves your personal and family interests.
MK Law has hundreds of 5 star reviews, many of which relating to charges concerning child pornography, get in touch today and give yourself the peace of mind when navigating through circumstances like these and have qualified, experienced and personable representation under instruction.
Michael accepts clients in every part of Victoria & interstate for the following offences:
- All Criminal Charges
- Traffic Law Charges
- Domestic Violence
- Stalking charges
- Breach of Intervention orders
- Making threats to kill
- Blackmail / Extortion
- Assaults, Reckless or Serious Injury charges.
- Murder & Manslaughter
- Drug trafficking & Possession
- Cultivate drug of dependence
- Sexual Assault & Indecent assaults
- Underage Porn – internet offences
- Fraud & Theft from employment
- White collar crime and Deception
- Defending Young Offenders
- Shoplifting / and other theft charges
- Firearms Possession and other Gun Charges
- Weapons Possession
- Assault / obstruct police
- Drink Driving Charges
- Driving without an Alcohol Interlock device
- Driving suspended / Disqualified
- License Restorations
- Appeals to the County Court
“Life really is about good relationships. I have been around Victoria’s Court system for many years, and have built up some solid relationships based on trust and integrity. Life is stressful enough without having a court case hanging over your head. So once we meet up and I get my instructions from you, you can sit back and relax. Time to forgive yourself and learn from the experience. There is nothing more you need to do except come to court on the day, and perhaps organize some reference material or other reports. I will leave no stone unturned in fully investigating your case, and getting you the best outcome. I will listen carefully and not judge you. All our conversations will be strictly confidential and private.”
Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better.
Don’t be tempted to forget about it and hope it will go away, it won’t !!!
These are some of the high profile cases I have represented. Don’t worry, your case will probably not hit the media. These are either high profile cases, or cases with exceptional outcomes. We do everything in our power to avoid cases being published in the media.