Kingaroy man’s sentence extended, failed to report to cops
A MIDDLE aged Kingaroy man who was facing a 15 month suspended prison sentence, suspended for four years for possessing child exploitation material was back in court after failing to report to police under the child protection offender registration legislation.
Hayden Pratt was charged with possessing child exploitation material in 2018 at the Warwick District Court.
Pratt faced Kingaroy District court charged with failing to report to police under the child protection offender registration legislation in May 2020.
On four separate occasions Pratt failed to report to police, three under the child protection offender registration legislation and one for failing to report the changing of his vehicle registration.
Crown prosecutor Alex Stark made reference to the judges sentencing remarks for the original child exploitation material charge.
“Her honour pretty concisely summarises the offence in her opening paragraph of the sentencing remarks describing them as vile.” Prosecutor Stark said
“Of course the sentencing remarks elude to this psychological and mental health issues.
“He has the assistance of his mother to do reports and that there had been some issue where they had attempted to report but not successfully done so.
“The Crown characteristically takes a robust position for failing to comply with reporting obligations, especially when there is more than one and the nature of the offences and his circumstances in this particular case take away from what might normally be the robust position to prosecution take.”
Defence lawyer Catherine Cuthbert appeared on behalf of Pratt for legal aid Queensland.
Mrs Cuthbert said Pratt heavily relies on his mother for support.
“When offenders are released from custody and are given an information session on their reporting requirements, this is really a submission by way of requirement, I’m unclear of how much recognition by the authorities where there are learning difficulties,” Mrs Cuthbert said.
“In Mr Pratts situation it’s his mother who assists him to meet his obligations and of course she doesn’t receive the information session.
“The nature of these particular breaches might bare out a lack of understanding on Mr Pratts part because of his particular cognitive and memory impairments and a lack of full understanding on the part of his mother, who was probably relying on what he tells her.
“Both he and his mother had attempted to report online and thought they had done what was necessary, whether they failed to hit the submit button or whatever.”
Judge Geraldine Dann said she was of the opinion it was unjust to activate the suspended sentence.
“You’re here in court today because of the suspended sentence which was handed down in February 2018 in the Warwick District Court and the things that have brought you here today are some fails to report and comply with your reporting requirements,” Judge Dann said.
“Under the law Mr Pratt I am required to order you to serve whole of suspended imprisonment unless I decide it would be unjust to order you to do so.
“I am of opinion it would be unjust to require you to serve the whole or any part of your suspended sentence of imprisonment and today I’m going to extend the operational period of your sentence of imprisonment for a further 12 months. ”