Dad claims child sex abuse case is ‘double jeopardy’
A ROCKHAMPTON man convicted of possessing child pornography will face court again after it was discovered his infant daughter and cousin-in-law were the subject of the graphic images.
The father, who cannot be named for legal reasons, has argued it would be a case of double jeopardy if he was prosecuted again - because some of the images and videos he allegedly produced were used as evidence to convict him on the possession charges.
Detectives from the Rockhampton Child Protection and Investigation Unit seized the man's phone and laptop, finding thousands of explicit photos and videos involving children.
He pleaded guilty in Rockhampton District Court to possessing child exploitation material and was sentenced to jail.
But two months after he was released, a detective was made aware that the man's young daughter and 13-year-old cousin-in-law were the subjects of some of the illegal images.
In 2018, he was subsequently charged with making child exploitation material.
In a pre-trial hearing at Brisbane District Court, the man made an application to have the trial aborted.
It was revealed in a judgment online that he believed he would be "twice punished" because the images and video were the subject of his sentence and relying on that material to support the new charge amounted to double jeopardy.
But his attempts to have the trial quashed were unsuccessful, with Judge Ian Dearden refusing the application and ruling that it would not constitute double jeopardy.
"It is clear that the act of making (child exploitation material) is not the same act as possession and he will not be 'twice punished'," Judge Dearden said.
Double jeopardy is the prosecution or punishment of a person twice for the same offence.
New laws, introduced in Queensland in 2014, allow a person to be charged again if there is new substantial and compelling evidence. - NewsRegional
*For 24-hour sexual violence support call the national hotline 1800 RESPECT on 1800 737 732 or MensLine on 1800 600 636.
QUEENSLAND DOMESTIC VIOLENCE SERVICES