by Ross Irby
Bundy muso raped girl, put children on Russian porn site
BENEATH his country and western hat and jovial face of a musician, Barry Stephen Roy was a devious man who covertly filmed naked children and put their images on a Russian porn site.
He also raped a girl.
Roy will now spend at least the next two years in jail, after apparently blaming bad experiences at his former school as a cause of his offending.
The ugliness of his despicable acts against children was revealed when he pleaded guilty in the District Court at Bundaberg to 22 offences: two counts of rape, eight charges of indecent treatment of a child under 16, sexual assault, indecent treatment of a child under 12, distribution of child exploitation material, possession of child exploitation material, and possession of marijuana.
There were also seven other indecent treatment-related offences.
The Crown sought a jail term of six to seven years, and that Roy serve one-third before being released to parole.
Christopher Cook for the Crown said the offending occurred between November 2011 and June 2017.
Roy's offences had been discovered when he was traced back to his computer at his Bundaberg home after posting images of children to a Russian-based internet site.
"This is a very disturbing case. Mr Roy uploaded pictures of children from the Queensland community to a Russian website," Mr Cook said.
And Roy had secretly filmed one child in compromising positions, and also exploited two other girls by secretly recording them.
"These girls were not aware they were being recorded at the time until it was exposed by police," Mr Cook said.
"Some of his collection he also uploaded (to the Russian site) who we don't know who they are."
There had been five children, including one boy, caught up in Roy's offending. Footage of four girls had been posted to the Russian site.
Mr Cook said one girl was given bourbon and had been intoxicated when sexually assaulted by Roy.
The defence submission was done in written hand-up to the judge, although Roy's barrister Peter Richards did seek a head sentence of no longer than six years.
Mr Richards said "what happened to him when at school must have some lasting psychological damage to him". "(We) can infer it had some effect on him and cause of him offending," he said.
Mr Richards said there was no pre-sentence report because Roy was not desirous of this.
Roy would do a sex offenders' course in jail and continue with counselling upon his release.
Judge Rafter said Roy was detected when he uploaded two albums of photos to the Russian site labelled Spy and Spy2.
Police traced him though his internet provider.
Judge Rafter said there had been a significant violation of trust and the offences had devastating consequences.
He sentenced Roy to seven years in jail for the rape offences, saying the lesser jail term put in submission by his lawyer "does not adequately punish you".
Roy was jailed for five years on the distribution of child pornography offence, and to lesser sentences.
Judge Rafter ordered Roy was eligible to apply for parole in December 2019 after serving two years.
Man sent photos of genitals to children
A BUNDABERG man who chatted to seven children online, sent some photographs of his penis and sought indecent personal images of them, has been sentenced to three years' jail.
Joel Robert Turner, 29, was convicted after he pleaded guilty in the District Court at Bundaberg to 18 offences involving child exploitation material, Commonwealth and state offences.
The Crown case, put by prosecutor Christopher Cook, includes seven charges of using a carriage service to groom a person under 16, using a carriage service to access child exploitation material, making child exploitation material, four charges of using a carriage service to transmit indecent material, distribute child exploitation material, and three counts of possession of child exploitation material.
Mr Cook said one charge involved Turner filming a child he knew.
The offences took place between August 31, 2016, and February 27 this year.
The Crown sought a head sentence of three to 31/2 years, with Turner to serve one-third in custody.
Turner had already been in custody nine months since his arrest on February 28.
Mr Cook said there were three categories to his offending - having child exploitation material, making child exploitation material and indecent material that he sent over the internet to children.
In his online "chats" with children, Turner had been communicating with children aged 11, 13 and 14.
Mr Cook said Turner sought nude images and one boy sent him a photo of his penis. Turner also transmitted indecent images of himself.
He accessed and downloaded images from a photo-sharing website - 478 images and 55 videos - that were all deemed to be child exploitation material.
Defence barrister Peter Richards said Turner had no serious criminal history.
He said Turner, who grew up in Gatton, was diagnosed as a child with Asperger syndrome, Tourette syndrome, and had an obsessive compulsive disorder.
Much of his submission was by way of written document to Judge Anthony Rafter SC.
Judge Rafter acknowledged the difficulties Turner had and sentenced him to three years' jail.
He directed his release after serving 279 days custody with his own recognisance of $2000 to be of good behaviour for three years. He will be supervised.
Millions of images examined
POLICE examined more than three million images found in the possession of Michael Owen Mitchell in a raid of his Bundaberg home, with officers seizing computer equipment.
A portion of the images were deemed child pornography and led to 42-year-old Mitchell being charged with child exploitation offences.
Some child images were computer animation - Japanese anime.
Mitchell is now behind bars for six months after going before the District Court in Bundaberg and pleading guilty to six charges of possessing child exploitation material on September 23 last year.
However, Crown prosecutor Christopher Cook told Judge Anthony Rafter SC there had been more than seven million images that would have taken many months to go through.
Mitchell, a very large and overweight man who grew up in Rockhampton, remained sombre in the dock as Mr Cook said he had a considerable collection of material and how the investigation left over four million images unclassified.
He said the figures before the court (in various categories) showed a representation of the material.
Mr Cook said that of the three million images only around 1.8 per cent - 28,567 images were classified child exploitation material, and 152 child exploitation movies.
He said Mitchell had his own categorisation with some titled "young" or "jailbait".
"Some of the material he says he had for years and some more recently," Mr Cook said.
"It was not a case of simply stumbling across this. It is clear he was actually seeking out the material."
Mr Cook said the maximum penalty was now 14 years in jail for the offence but in this case the Crown sought a head sentence of two, to 21/2 years, to be suspended after serving one-third.
Looking at agreed Crown facts, Judge Rafter said 17,344 of the images were classified as virtual/animated so in those there was no child victim.
The images had been found on six devices used by Mitchell including laptops, a tablet, and two digital hard-drives.
Defence barrister Peter Richards, in his submission on penalty, said that although he did not quibble with the sentence proposed he sought a sentence on the lower end because of the co-operation given by Mitchell. He sought his release after serving six months.
"He is a mature man with an extremely good work history, and who has no issues with alcohol or drugs," Mr Richards said.
Judge Rafter said more than 9000 of the images showed no sexual activity and 17,344 were animated, although there were images that showed serious child exploitation material.
He said Court of Appeal decisions showed general deterrence to be particularly important because of the ready availability of child pornography on the internet which was not a victimless crime. Mitchell was sentenced to two years in jail - the term to be suspended for two years after he serves six months. He will receive psychological counselling as directed. Mitchell will also be supervised during a two-year probation.
Judge Rafter found there was a reasonable prospect of his rehabilitation.
Man searched for "preteen hardcore"
HIS productive life lies in tatters after the secret shame of a 67-year-old Bundaberg retiree was revealed over a disgusting collection of child pornography that he downloaded off the internet.
The District Court heard that Anthony Raymond Irvine was arrested and charged with 13 serious child exploitation offences after a Crime and Corruption pedophilia sting operation.
Irvine, a grey-haired man who looks older than his 67 years, was downcast in the dock before Judge Anthony Rafter SC.
He pleaded guilty to two counts of using a carriage service (computer) to access child pornography, three counts of using a carriage service to make available child pornography, and eight charges of possession of child exploitation material.
Crown prosecutor Christopher Cook said one offence was in 2011 and the rest took place in February this year when the Crime and Corruption Commission found Irvine using file-sharing software.
There were 471 unique pictures and 544 video files totalling nearly 59 hours in duration - the content of the movies "particularly disturbing".
Mr Cook said there were varying levels of depravity and Irvine had used search-terms such as "preteen hardcore".
Irvine also admitted his sexual arousal to the images, which the Crown submission found to be a very disturbing feature of his offences.
In defence submission on penalty, barrister Peter Richards said his age was a mitigating feature.
"He is extremely embarrassed and remorseful, and tried to commit suicide," Mr Richards said.
"He immediately sought help and in detention has been receiving mental health care.
"You can infer a high degree of remorse and shame at the discovery of the material."
Mr Richards said Irvine also suffered a heart attack and led a productive work life until being injured.
Irvine instructs that he will definitely undergo a sex offenders' course.
Judge Anthony Rafter SC said the Crime and Corruption Commission began an investigation into network pedophilia of people who committed internet crimes against children.
"You used a file-sharing program on the internet and you downloaded extremely disgusting video files," Judge Rafter said.
"You were in possession of a significant quantity of child pornography, video files in excess of 58 hours and 471 child pornography images, some in the more serious category."
While noting his prior good character, Judge Rafter said this carried less weight in child exploitation offences because it was not an uncommon feature in these cases.
Judge Rafter said jail was the only appropriate sentence because of its seriousness, but there was also a need to assist him in rehabilitation.
Judge Rafter said it was not a victimless crime and children needed to be protected from such corruption.
Irvine was sentenced to two years' jail on the Commonwealth offences - to be suspended after serving six months on a $2000 recognisance to be of good behaviour for three years.
He was jailed for two years, suspended after six months on other charges.
And on the final charge he was jailed for six months - to be released (early June) on supervised probation for three years.