Nicholas Cornelius Boers, 40, pleaded guilty in the Shepparton County Court to using a carriage service to make available and transmit child abuse material, using a carriage service to cause child abuse material to be transmitted to himself, possessing child abuse material obtained or accessed using a carriage service, and drug possession.
Police found 284 child abuse files on a mega.nz cloud account owned by Mr Boers, as well as conversations on the Kik messaging app that related to the solicitation and transmission of child abuse material.
The child abuse files involved children ranging in age from four to 17.
The court was told Boers sent child abuse files to seven individual Kik users and two Kik chat groups between September 25, 2019, and August 29, 2022.
On September 25, 2019, he traded links to child abuse material with another person after a conversation where they had discussed the ages of children they wanted to see, and he told the other person “any teen is good”.
In an online conversation with another user the following day, he sent and received multiple links to child abuse material.
The court was also told Boers published two stories on Tumblr, involving sex between children and adults.
Judge Peter Rozen said while the files were not made by Boers, the material in them was “abhorrent”.
He also said the material involved real children who would have “suffered harm” in the making of the photos and videos and that the children “must have been forced in many instance”.
Judge Rozen said Boers’ actions “had the effect of commoditising actual victims” for the making of the material.
The judge noted Boers had pleaded guilty to the charges early, had co-operated with police and did not down-play his involvement.
Judge Rozen did not accept a defence suggestion that Boers’ prospects of rehabilitation were good; however, he said in his sentencing he “sought to promote your rehabilitation the best I can”.
The judge said Boers was “more than a passive” viewer of the child abuse material, viewing and sharing child abuse material “on a regular basis with significant numbers of like-minded people”.
Boers was sentenced to a total of two years and six months in prison.
However, Judge Rozen ordered he be released on a recognisance release order after serving one year and three months in prison.
Under the order he will be released back into the community under the supervision of Corrections Victoria.
He has to be of good behaviour for three years after release and take part in programs, including ones for sex offenders.
He will also have to pay $2000 if he does not comply with the order.
Boers will also have to report under the Sex Offenders Registration Act for life.
He was also fined $100 for possessing 5.1 grams of cannabis that was found at his house when police conducted a search warrant.
• GV Centre Against Sexual Assault provides free and confidential counselling, information, advocacy and support to people who have been affected by sexual assault. Call 1800 112 343 or visit gvcasa.com.au
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