What is the offence?
It is an offence under s 91H of the Crimes Act
1900 (NSW) to be found in possession of child abuse
material.
This offence is a Table 1 offence which means that it is an
offence which may be elected upon to be dealt with in the District
Court of New South Wales. If there is no election made, it will be
dealt with in the Local Court of New South Wales.
What must be proven?
To establish the offence, the prosecution must provide beyond
reasonable doubt that:
- You possessed, disseminated, or produced material, and
- The material was child abuse material.
For a person to be found guilty of this offence, it must be
established that the material itself is child abuse material as
defined in s 91FB of the Crimes Act 1900 (NSW).
Whether material is child abuse material as opposed to material
which simply depicts a child turns on whether the video or images,
as they case may be, objectively depicts the child in an offensive
way or in a
