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The Office of the Director of Public Prosecutions NSW has confirmed it is reviewing the decision of one of its solicitors not to push for full-time jail for a man who pleaded guilty to the possession of child pornography.
Joel Adam Fletcher narrowly avoided a custodial sentence last week in Bega Local Court after he was found in the possession of 148 images portraying the exploitation of children believed to be aged between 10 and 13.
The 29-year-old was handed a two year suspended sentence and ordered to pay $5000 by a bewildered Magistrate Doug Dick on Tuesday, May 24 after Director of Public Prosecutions (DPP) solicitor Brett Diggins did not request Fletcher be placed in full-time custody.
“I am going to be honest, I came here prepared to send you to full-time jail, the DPP (Director of Public Prosecutions) is not asking for that,” Magistrate Dick said during his sentencing of Fletcher.
“Material such as this can’t come into existence without the exploitation of children.
“It surprises me that the DPP aren’t asking for full-time jail, but they’re not.”
Despite not requesting a full-time sentence, DPP solicitor Brett Diggins did state the offence called for a “strong message from the courts”, and he questioned the man’s denials of any sexual gratification from the images.