Renovation Blues Among Porn Addict's Excuses
Sydney Morning Herald
Friday June 15, 2007
THE former senior Crown prosecutor Patrick Power should have his jail sentence suspended, given he was "next to suicidal at times", had lost his job, and had been humiliated in the media, his barrister has told the District Court.
The court was told Power had also suffered stress after the death of family members and a "house renovation disaster"."He has been the subject of ridicule. In these circumstances it would mean he is not getting away scot free by any stretch of the imagination," argued his barrister, Phillip Boulten SC, at an appeal hearing.He said the chief magistrate, Graeme Henson, had overlooked the extent of Power's chronic depression. The compulsive nature of Power's internet addiction had affected his ability to control his actions.Last month Mr Henson sentenced Power, 54, to 15 months in jail, with a non-parole period of at least eight months after Power pleaded guilty to possessing more than child pornography in the form of videos and more than 400 photographs. "We never argued that the appellant didn't know what he was doing was wrong; of course, he did. It was disgraceful behaviour and it has caused his disgrace," Mr Boulten said.The Crown prosecutor Jeremy Rapke, QC, argued that Mr Henson's sentence had been "merciful". The general range for that offence was 12 months to three years. He said some of the material was in the worst category - one video featured a boy aged five, handcuffed, being molested by an adult.He asked acting judge Brian Boulton to take into account that Power had not given what has been called "the missing F drive" to police. "More likely than not it contained a great deal of child pornography. Drive F has never been found. Drive F was destroyed. Drive F was hidden. Drive F was given away".He asked the judge to consider it, when weighing up Power's contrition, and the need for special deterrence. He said Power, more than anyone, would be aware of the link between child pornography and abuse.Power's barrister said references provided by friends, relations and colleagues attested that Power was "highly distressed for years". Referees noted the impact of his mother's death in 2001, followed by the death of a close friend from AIDS, and the death of his godmother. He had also been in poor physical health, and had been stressed by a "house renovation disaster". "You can be a significant lion at the bar, perform well in court and do your job while you are suffering from a chronic depressive illness, though just about every other waking hour is a struggle," he said.The acting judge's decision will be delivered on a date to be fixed.Friday's story "Renovation blues among porn addict's excuses" implied anyone found guilty of possessing child pornography was liable to a jail term of between one and three years. That time frame referred to the range when jail sentences are imposed.
© 2007 Sydney Morning Herald