Commonwealth Director of Public Prosecutions

David Malcolm HARRIS

Year: 
2014-2015
Category: 
Child Exploitation
Location: 
Queensland

Queensland man, 35-year-old David Malcolm Harris was sentenced to an effective sentence of four years and six months for utilising a file sharing application and an internet transfer service to trade child pornography material via the internet.

Metadata extracted from the offending material and chat logs from his file sharing applications indicated that he had accessed the majority of the material from the internet and had in turn transmitted and made available a significant quantity of the material to other internet users.

In March 2013, Australian Federal Police (AFP) executed a search warrant at defendant's residence in New Beith, Queensland after the IP address connected with the defendant’s internet account was detected accessing known child pornography material.

AFP Digital Forensic Team members conducted a field examination of each electronic storage device located on the premises and these devices were found to have child pornography material consisting of 22,290 existing images and 740 existing video files stored on them. These devices were all connected to a DELL laptop computer and served as auxiliary storage drives for that device.

The defendant was then charged with a number of offences and was given bail.

In October 2013, whilst the defendant was on bail, the Queensland Police Service (QPS) detected an IP address associated with the defendant’s internet account sharing child pornography material online. Upon executing a search warrant at the defendant’s premises, the defendant was discovered attempting to erase child exploitation material from his laptop computer.

Upon further investigation, QPS found that between 5 October 2013 and 23 October 2013, Harris had sent 407 emails from his email account to 53 separate email addresses which attached an aggregate of 1,999 images and 396 videos depicting child pornography material. He also made a single video available to an online contact via an online file transfer service, and was found in possession of a further 593 images and 9 videos on his laptop computer.

Charges/Sentence

On 11 March 2015, David Malcolm Harris was sentenced to an effective sentence of four years’ and six months imprisonment for his Commonwealth offences to be released on recognisance, with a condition of 2 years probation, after having served 18 months in relation to:

 

  • One count of using a carriage service to access child pornography material contrary to section 474.19(1) of the Criminal Code (Cth)
  • One count of using a carriage service to access child abuse material contrary to section 474.22(1) of the Criminal Code (Cth)
  • One count of using a carriage service to transmit child pornography material contrary to section 474.19 of the Criminal Code (Cth)
  • One count of using a carriage service to make available child pornography material contrary to section 474.19(1)of the Criminal Code (Cth)

He was also sentenced to 2 years imprisonment to be suspended after having served 18 months imprisonment, concurrent with the Commonwealth offences in relation to:

 

 

  • Two counts of knowingly possess child exploitation material contrary to section 228D of the Criminal Code (Qld).

Her Honour Judge Kingham declared 503 days presentence custody as time already served under the sentence.