A Bendigo man who hoped to reduce his sentence for possessing and distributing child abuse material has abandoned his appeal, after a judge’s warning he would end up serving more jail time instead.
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Andrew Bodycoat appeared in the Bendigo County Court on Tuesday, where his defence counsel Elizabeth McKinnon sought to have his sentence for possession of child abuse material and distribution of child abuse material reduced to a lengthy community corrections order.
The 42-year-old was sentenced in the Magistrates’ Court in May to one month in prison and a 24-month community corrections order.
In a summary read by Crown prosecutor Anne Hassan, the court heard Bodycoat struck up contact with a purported 29-year-old woman via an instant messaging app in 2017.
Bodycoat sent the woman sexually explicit and suggestive images involving young people who appeared under the age of 18, as well as sexually explicit cartoons.
He sent a total of 52 images, 14 of which were classified as child abuse material.
Ms McKinnon submitted Bodycoat was co-operative with police following his arrest, pleaded guilty at the earliest opportunity, and had shown remorse and insight into his offending.
She said Bodycoat had made an “exceptional turnaround”, and he and his wife were seeing a counsellor together.
He was also participating in a sex offender program, Ms McKinnon said, and an addictive behaviours program.
She told the court Bodycoat was now training to be a facilitator for the latter, so as to be able to help others in regional Victoria.
Ms McKinnon said a psychological report suggested he was at low risk of reoffending in a similar manner.
But the appeal was abandoned after a formal warning from Judge Lisa Hannan that if the appeal proceeded, Bodycoat would face substantially more jail time.
Judge Hannan had earlier said Bodycoat was in similar circumstances to many people who pleaded guilty to these offences.
She acknowledged deterring Bodycoat himself from offending could be given less weight, but there was an issue regarding general deterrence.
This is a sentencing principle that considers deterring other members of the community who would be inclined to commit such offences.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
