Former Wagga man 'too gutless to get help' after accessing child porn

ACT resident Graham Paul Nugent, 70, received a suspended sentence in the Wagga court on Thursday on one count of using a carriage service to access child abuse material.

Detectives from the Sex Crimes Squad's Child Exploitation Internet Unit (CEIU) began an investigation in July 2023, after the former Wagga man used a peer-to-peer file sharing application to access child abuse material online.

About 7am on August 8, 2023, detectives from Strike Force Trident attended a Wagga address and arrested Nugent and took him to the Wagga police station where he was charged with accessing child abuse material.

While initially refused bail, Nugent was granted conditional bail the following day.

On February 14, he pleaded guilty to one count of using a carriage service to access child abuse material in the Wagga Local Court.

During cross-examination in the Wagga District Court on Thursday, Nugent said he "wasn't thinking at all" when he downloaded the child abuse material.

"My mind wasn't in the right place," he told the court.

"But I started to think about the harm caused [to the] children."

Reflecting on the 16-day period during which the offending took place, Nugent said he would download the material, watch some then delete it and wake up the next morning wondering why he had done what he did.

"It was like I was addicted," he told the court.

The court heard Nugent had downloaded the material while his wife and one of his children were away overseas.

Recalling the time, he said he "was too gutless to get help".

"I'd always been a bit of a loner and was sort of scared to tell people," Nugent said.

Police facts tendered to the court note while the offender initially denied the allegations, he subsequently made full admissions and provided police with the password for a HP computer which Nugent used to access the child abuse material.

The court heard between July 11 and 27, 2023, Nugent accessed the material nearly every day, with at least 51 files with "names indicative of child abuse material" downloaded.

Police facts note the file names included descriptions of sexual activity, names, genders and referenced ages as young as three years old.

Police were unable to determine the exact number of child abuse material files Nugent accessed however, as many of the files were packs that contained multiple video files.

Police were also unable to determine whether the video files matched the descriptions given in the file names, or whether they in fact contained child abuse material, because they could not view the material as there was none left on Nugent's computer when police issued the search warrant.

During a recorded police interview on August 8, 2023, Nugent told police he purchased the computer a few years ago and explained how the offences unfolded.

He told the police he was looking for a movie one day when he saw child abuse material, and from there he developed an addiction to it.

Nugent told police he accessed pictures and videos of "young people, underage, doing sexual things".

At the time, he admitted his actions were wrong and that it was his fault, describing it as an "addiction" and a "sickness".

Nugent said he would download the material, "watch half an hour, then just delete the lot, and [ask]... why did I do that?"

He recalled then going to bed and thinking it was wrong, but would be back watching it again two days later.

He told police he would be pleading guilty and was "not innocent, no way".

"I admit to everything I've done," Nugent said.

Nugent also told police he apologised "for everyone that's affected" and said "I'm feeling sorry for my wife and my kids and all my family".

In the Wagga Court on Thursday, Judge Gordon Lerve said given the names of the files found on Nugent's computer, there was an "irresistible inference" they related to child abuse material.

Judge Lerve told the court he was satisfied Nugent deliberately searched for the child abuse material and noted it was clear that real children were involved.

Crown prosecutor Ella Gordon acknowledged that Nugent "showed contrition from the very beginning when he first spoke to the police" but said this did not change the fact of what he has done.

"There is no getting around that there is a maximum penalty of 15 years imprisonment... [or that this] is a child abuse matter," Ms Gordon said.

"Accessing child abuse materials perpetuates this market... and general deterrence is especially important."

Judge Lerve noted Nugent was a man of "prior good character" aside from an unrelated negligent driving matter on his record.

Defence lawyer Travis Jackson told the court Nugent experienced domestic violence and a sexual assault as a child.

Taking this into account, Lerve ruled that Nugent's moral culpability was reduced to some extent.

The court heard Nugent was also involved in a workplace vehicle accident about six years ago, after which his mental health declined and his thoughts of the child sexual abuse returned.

"While suffering this malaise, he began downloading child abuse material," Judge Lerve noted.

Judge Lerve told the court he is satisfied Nugent has expressed "contrition" for his actions.

A psychological report tendered to the court noted Nugent is suffering from post traumatic stress disorder and major depressive disorder.

The report found Nugent has a low risk of re-offending but recommended ongoing treatment.

Judge Lerve agreed with this assessment as low risk and said he has good prospects of rehabilitation.

He noted Nugent cooperated with the authorities, making "full and frank" admissions during his interview with the police.

But despite this, Judge Lerve said there is a very real need for deterrence, noting the exploitation material and the insidious impact of child abuse material.

He concluded in such circumstances, a prison sentence was appropriate, but acknowledged there were "exceptional circumstances".

Taking all relevant factors into account, Lerve sentenced Nugent to a 12-month suspended sentence.

He was ordered to pay $1000 and enter into a two-year good behaviour bond.

A further court order was made that a Samsung mobile phone, WD Elements hard drive and HP desktop computer including mouse, keyboard and power cord be forfeited to the Commonwealth.