Distributing Child Exploitation Material

Child Exploitation Material

Our Brisbane-based criminal lawyers are a team of trusted advisors experienced in cases involving the distribution of child exploitation material.

Our lawyers are committed to your advocacy, aiming to secure the best possible outcome for our clients during court proceedings.

Diligent preparation, care, and meticulous attention to detail underpin our work, ensuring the highest standard of results for our clients. We are available to discuss your case at any hour, every day of the week.

Need legal advice or have an urgent enquiry?

Give us a call or send through your details. We are available 24/7

07 2113 4440

Need legal advice or have an urgent enquiry?

Give us a call or send through your details, we are available 24/7

07 2113 4440

Rana Lawyers Client Steps

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Phone or email us for an initial consultation.

Step 02

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Explain your case and we’ll determine if we need to have a conference or simply answer any questions you may be concerned about.

STEP 01

Book a free consultation

Book in for an initial conference with one of our experienced criminal lawyers and we’ll progress from there.

What Is Distributing Child Exploitation Material?

Under Section 228C of the Criminal Code Act 1899, distributing child exploitation material is a serious offence with a maximum sentence of 14 years imprisonment. This increases to 20 years if aggravating factors, such as using a hidden network, are present.

The elements of this offence are:

The term ‘child exploitation material’ extends beyond photos and videos. It can also encompass other forms, such as written fantasies. The legal definition, as per section 207A of the Criminal Code Act 1899, includes any material that offensively depicts or describes a person under 16 years in a sexual context, in a demeaning situation, or being subjected to abuse, cruelty, or torture.

Distributing such material is viewed severely under the law, considering the broad interpretation of what constitutes exploitation. It’s a charge that demands thorough legal understanding and a robust defence strategy, given the significant penalties involved.

Defences for Distributing Child Exploitation Material

Legitimate Purpose

A defence to charges relating to the distribution of child exploitation material exists if the accused can demonstrate:

An example of a legitimate purpose might be a medical professional documenting a child’s condition as part of medical records. However, if charged, it is the duty of the professional to present this defence. Subsequently, the prosecution is required to disprove the defence beyond reasonable doubt. While there is potential for case conferencing, it doesn’t guarantee an automatic dismissal of charges. Each case and defence is evaluated on its individual merits.

Cultural Exemption

Another defence is proving that:

Mistaken Age is Not a Valid Defence

A mistake regarding the age of a child is not a valid defence (Section 229). In most instances, direct evidence of the child’s age in the material, such as an image, may not be available. It is then up to the Judge or Jury, based on their judgement and experience, to determine if the child is under 16. Conviction requires their satisfaction beyond reasonable doubt.

Understanding these defences highlights the complexities involved in cases of distributing child exploitation material. Given the serious nature of these charges, seeking expert legal advice is strongly advised.

What to Do If Charged with Distributing Child Exploitation Material?

Facing charges for distributing child exploitation material places you in a complex and continuously evolving legal situation. Protecting your rights becomes paramount, especially when police wish to question you regarding the matter. Immediate steps should be taken to safeguard your interests:

Call Rana Lawyers for Expert Advice on Distributing Child Exploitation Material Charges

Having a seasoned criminal lawyer is essential when dealing with severe allegations such as distributing child exploitation material. Our team of expert criminal lawyers at Rana Lawyers is dedicated to defending your rights and safeguarding your future. Contact us today for a free consultation.

Get Expert Advice From Our Dedicated Team.

Contact Rana Lawyers Today!

07 2113 4440

FAQs

What is the difference between a solicitor and a barrister?

Traditionally, a solicitor takes instructions from clients and briefs a barrister for advocacy purposes, such as appearing in Court. However, there has been a significant shift in this historical concept over time and solicitors have taken over advocacy in significant jurisdictions, known as solicitor advocates. At Rana Lawyers, our solicitors frequently appear as solicitor advocates in the Magistrates, District and Supreme Courts in complex criminal matters.

If I am charged, do I have to appear in Court?

The short answer is yes. Anytime a defendant is charged with an offence, there is an obligation on the defendant to appear in Court with certain exceptions. If a defendant is given a notice to appear, they must appear in Court without exception. If a defendant is placed on bail by the Police, they are generally required to attend Court unless a solicitor can appear in their stead and have the defendant’s appearance excused. However, prior to making a decision, it is important to consult a solicitor because each case varies depending on the charge.

Sometimes, you will see an option to plead guilty online. This is applied to a handful of very minor matters (such as public intoxication). It is important that you seek advice on the charge before deciding whether you can plead guilty online because a warrant may be issued for your arrest.

I am charged with a serious offence, why do I have to appear in the Magistrates Court?

All charges commence in the Magistrates Court, whether it is drink driving or murder. At the first mention, certain charges that must progress to the District or Supreme Court will be placed in what is called the ‘committal stream’. The Court will direct that a brief of evidence be disclosed to the defendant by the Police, which ordinarily takes a few months (this varies depending on the charge). Once the brief is fully disclosed, the defendant is ordinarily committed to the superior Court. You will have the opportunity to cross examine witnesses or ask the Court to dismiss the charge for a lack of evidence.

Do I need a lawyer?

It is always advisable to immediately seek legal advice. Even if the charge is minor, and you decide that you do not require legal advice, it would be in your best interests to book in an initial conference, which is free of charge with Rana Lawyers, to understand:

a. The Court process;
b. Your options;
c. Potential outcomes;
d. Whether there is a defence;
e. Whether there is a risk of a significant penalty being imposed.

I have received notice from the Prosecution to give my DNA, do I have to?

There are several mechanisms for the Police to obtain your DNA and unless you challenge whatever mechanism they use, you will have to. It is important to seek legal advice because in many matters, DNA may be an important piece of evidence the Police use to build a case against you.

Police are asking to do an interview with me. What should I do?

The general rule is always seek legal advice before you decide to speak with the Police and, in most instances, you will be told not to do an interview with the Police. The reason is everything you say is recorded and can be used for the Police to build their case or in Court against you. Prior to doing an interview, you do not receive any evidence or a complete analysis of a Police case. There are serious risks in doing an interview uninformed because if you say something that is inconsistent with objective evidence (such as camera footage), the Court may draw an inference that you lied, as opposed to making a mistake, because you had a guilty conscience and were trying to conceal the truth.

Can the Police search my house?

Police cannot search your house unless they have a warrant. There are certain exceptions to this rule, such as investigating a domestic violence offence or an emergent search for a particular purpose such as protecting the integrity of evidence.

A warrant is a document that permits Police to enter your home without your consent. This must be signed by a Justice of the Peace or a Magistrate. It is important to remember not to speak to the Police, save for giving your name and identifying details, without speaking to a lawyer first. Ordinarily, the Police will be recording the entirety of the search of your home and whatever you say may be recorded.

Some warrants may be set aside because they are defective or because they have been obtained improperly.

Testimonials

Highly recommend this law firm. They have a wonderful team of lawyers.

Anoj

Ali Rana , thank you for all your work, advice and support. I Highly recommend you to other future clients . Great experience and professionalism, and the end results were achieved, thanks again

Vicky

Ali Rana got me the best possible outcome and got charges dropped. Throughout the process he made me feel comfortable. I would recommend him to anyone.

Bill

Wow what can I say I had a weapons charge and a fail to appear at court in Harvey Bay. kelsea Read came with me to the Brisbane police station on the 4/9 and i surrender myself. After talking to the police Kelsea got the fail to appear dropped and got my court case to be transferred from Harvey Bay to Brisbane. I walked out of the police station with a court date for the next day on the 5/9 Kelsea Read went to court with me on the 5/9 at Brisbane and was very professional. Kelsea talk to the judge and I got a no conviction and a $400 fine. Kelsea thank you I think you done a fantastic job and I would recommend you to everyone. Your professional, understanding, and very passionate thank you again you have made my wife and family very happy.

Darren

Recently found myself in a spot of legal bother and turned to Patricija for some much needed legal counsel. Patricija was wonderful and took the time to interpret the jargon and explain the situation to me in a language I could understand. Its comforting to know that if I ever find myself in such a low place again that there will always be a genuine, honest and professional lawyer in Patricija to help me pick myself up again. She stood for me when others wouldn’t, 5/5 would definitely recommend Patricija 🙂

Brendan

“Kelsea Read” was my criminal defense lawyer she’s very knowledgeable and professional. She was very competent and compassionate and reassured me at a tough time. She clearly explained everything & laid out a clear plan of action and executed it flawlessly. We got the best results I wasn’t even sure was possible at first! She is an authentic person who really cares about her clients and is an excellent lawyer. I’ve never experienced someone so empathetic and caring that also knows the system and how to fight for you so well.” I would not hesitate to send any of my family and friends to her services.

Kasey

I sincerely cannot recommend Rana law more emphatically based almost purely on the experience we’ve had working with Mr Shane McDowell. His commitment to my matters, his diligence and integrity, has made a long and frightening ordeal significantly less distressing. With Mr Ali Rana & Shane McDowell in your corner, you can rest assured that your matters are in the best possible hands. Professionalism, integrity, and understanding. Rana law, upholding the foundational principles of advocacy. My wife & I will *forever* be grateful.

Alex

Never in my life have I come across a more professional, empathetic legal service than the one I received at this organisation. Patricija treated us with respect, genuinely listened and worked hard to ensure the best outcome possible in our case. Cannot recommend highly enough! If only this thing had 6 stars…

Tom

Natasha Shorter is the most amazing lawyer in her field. Her area of expertise, is of the highest quality and professionalism that I myself, have personally witnessed. She is attentive, understanding and compassionate to her client’s needs.
Natasha exceeds any 5 star rating. In one word. Natasha Shorter is…. “BRILLIANT”. I highly recommend Natasha to anyone requiring the assistance of a lawyer. She simply is The Best!!!

Angela

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07 2113 4440

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5/95, North Quay Brisbane QLD 4000

Need legal advice or have an urgent enquiry?

Give us a call or send through your details, we are available 24/7.

07 2113 4440

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Rana Lawyers are experts in criminal law matters. Our growing team of Brisbane-based criminal defence lawyers, ensures you are provided with the most experienced and trusted advice, always.

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