Commonwealth Director of Public Prosecutions

Paul Herman DE LEEUW

Year: 
2015-2016
Category: 
Child Exploitation
Location: 
New South Wales

New South Wales man, 62 year old Paul Herman DE LEEUW was sentenced to three years imprisonment with a non-parole period of 1 year and 9 months for accessing and possessing child pornography.

In August 2013, members of the Australian Federal Police (AFP) executed a search warrant at the defendant’s residence in Wyoming NSW. A Preliminary review of the computers and other electronic devices, DVDs and CDs located at the premises revealed a substantial amount of material identified by the AFP members as child pornography material.

The following items found to contain child pornography material were seized from the premises during the execution of the search warrant:

Desktop tower, Silver external hard drive connected to the desktop computer, Grey Samsung external hard drive connected to the desktop computer, Western Digital external hard drive, 16GB black USB, 32GB black and red USB, Hitachi hard drive, 32GB SanDisk USB, Asus laptop, DVD titled Barnens o (The Children’s Island) (1980) DVD, and 112 CDs.

As child pornography/abuse material was located, each image, video and/or document was classified into categories as per the Australian National Victim Image Library (ANVIL) schema, also known as the Child Exploitation Tracking System (CETS) scale.

The offending took place over a seven year period being between August 2005 and 2 August 2013. On 2 August 2013 the Offender possessed a total of 32,656 files containing child abuse material on five separate items, in addition to an unknown number of files located on 112 CDs. In addition, 24,308 of these files had been accessed by the Offender over the internet over the preceding seven years.

Charge / Sentence

On 27 February 2015 Paul Herman De Leeuw was sentenced to a total effective sentence of two years imprisonment to be served by way of Intensive Correction Order in relation to:

  • One count of produce, disseminate or possess child abuse material contrary to section 91H(2) of the Crimes Act 1900 (NSW)
  • Three counts of use a carriage service to access child pornography material contrary to section 474.19(1)(a)(i) of the Criminal Code (Cth)
  • The Crown lodged an Appeal due to the sentence being manifestly inadequate being failure to apply principles concerning concurrency, accumulation and totality and failure to give effect to need for general deterrence and denunciation.

Crown Appeal – result / Appeal upheld

Charges/Sentence

On 10 July 2015 as a result of Crown Appeal Paul Herman De Leeuw was sentenced to three years imprisonment with a non-parole period of one year and nine months in relation to the abovementioned charges.