Commonwealth Director of Public Prosecutions

Man in possession of child sex doll sentenced to imprisonment

Date of Publication: 
19 August 2016

A 35 year old year old Sydney man, who pleaded guilty to offences relating to possessing and accessing child exploitation material, including a child sex doll, was sentenced in the Sydney District Court to a total effective sentence of 2 years and 3 months imprisonment with a non parole period of 1 year and 3 months.                                   

Zhiguo Miao ordered the child sex doll from the Australian agent of a Chinese based company. He requested that the doll be shipped in parts to avoid detection. Parts of the doll were seized by law enforcement authorities. The body of the child sex doll was found at Miao’s residence during a search warrant conducted by the Australian Federal Police.

A search warrant was executed at the residence of a 44 year old Sydney man James Friess, the Australian agent of the Chinese company.  Friess was subsequently charged and following pleas of guilty was sentenced on 22 July 2016 in the Sydney District Court to 9 months imprisonment, to be served by way of intensive corrections order, for disseminating the child sex doll and for possessing and accessing child exploitation material.     

Both offenders initially challenged whether possession or dissemination of a child sex doll is an offence under New South Wales law. 

Following legal argument a District Court Judge ruled that a child sex doll can fall within the definition of child abuse material in section 91FB of the Crimes Act 1900 (NSW). As a result possession and dissemination of a child sex doll can be an offence under New South Wales law.

CDPP Media Contact: communications@cdpp.gov.au or 02 6206 5708

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Charges

Zhiguo Miao

  • One count of Using a Carriage Service to Access Child Pornography Material contrary to section 474.19(1)(a)(i) of the Criminal Code (Cth);

  • 1 count of Possessing Child Abuse Material contrary to section 91H(2) Crimes Act 1900 (NSW) (Crimes Act).

Miao  also admitted guilt on a form pursuant to section 32 of the Crimes (Sentencing Procedure) Act 1999 (NSW) in relation to an offence of possession of child abuse material contrary to section 91H(2) of the Crimes Act 1900 (NSW).  The child abuse material possessed was the child sex doll.

James Friess

  • One count of Using a Carriage Service to Access Child Pornography Material contrary to section 474.19(1)(a)(i) of the Criminal Code (Cth);

  • One count of Possessing Child Abuse Material contrary to section 91H(2) Crimes Act 1900 (NSW).

Friess also admitted guilt on a form pursuant to section 32 of the Crimes (Sentencing Procedure) Act 1999 (NSW) in relation to an offence of dissemination of child abuse material contrary to section 91H(2) of the Crimes Act (NSW).  The child abuse material disseminated was the child sex doll.

About the CDPP

The Office of the Commonwealth Director of Public Prosecutions (CDPP) is an independent prosecution service established by Parliament to prosecute alleged offences against Commonwealth law that are referred by agencies including the federal and state police authorities.  The CDPP aims to provide an effective, ethical, high quality and independent criminal prosecution service for Australia in accordance with the Prosecution Policy of the Commonwealth.

 

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