ho1ogram
14-06-2007, 09:58 PM
Ex-Crown prosecutor 'addicted to child porn'
June 14, 2007
Former NSW deputy director of public prosecutions Patrick Power was addicted to child pornography and couldn't stop himself downloading images from the internet, a court has heard.
Power hung his head low as his defence lawyer Philip Bolten today argued in the District Court for a reduction in his 15-month sentence for possessing child pornography.
During a routine maintenance inspection of Power's personal computer last year, a technician stumbled across 433 photos and 31 videos of child pornography.
Some of the material involved sex acts with children under the age of 10.
Power pleaded guilty in January to the charges and was sentenced in May to 15 months' jail with a non-parole period of at least eight months.
Mr Bolten argued today that the chief magistrate of the lower court had accepted a series of psychiatric evaluations stating that Power had suffered from chronic depression since the 1970s.
He said the magistrate had disregarded the substantive weight of the assessments because Power was a senior lawyer for the crown.
Mr Bolten read to the court from a number of character references from friends and colleagues of Power, which said he had suffered a number of crises in the past seven years.
Power's mother had died in 2001 and he had undergone hip replacements and shoulder and cataract surgery a few years ago. He had also been put under considerable stress while prosecuting cases involving homicide and pack rape.
Mr Bolten read from a psychiatric report that said Power had been reduced over the years to suicidal thoughts and tendencies to overeat.
"Whilst you suffer from a chronic depressive illness ... about every waking hour is a struggle," he read.
Although Power was able to function in his daily duties as a prosecutor he suffered from a chronic depressive disorder, Mr Bolten said.
Mr Bolten said a person who had a mental disorder could not be as "morally culpable or criminally culpable" when involved in illegal activities.
He added that Power's condition was apparent to friends and colleagues, even though he had the ability to perform his job as a senior prosecutor.
"Coping at work, doing his job as best he could ... but the rest of his life was in serious disarray ... and seen by many as barely coping," Mr Bolten told the court.
He said it was not an issue of determining right from wrong, but an inability by Power to put a stop to his addiction to downloading pornography from the internet.
Hetty Johnston, founder of the child protection charity Bravehearts, attended the morning session of the court and told reporters at the break that Power's plea for a lesser sentence should be disregarded.
"If he's so mentally distressed by this for all of these years, why hasn't his psychiatrist taken him off, why hasn't he resigned, why hasn't he done any of the things that a normal person would do in that situation if you're so stressed by this matter coming before you," Ms Johnston said outside court.
"I just think it's nonsense and an excuse and I just hope it doesn't wash."
Ms Johnston said the sentence of 15 months jail by the lower court was not enough but the best she could hope for.
"To have that now in question again, all this is doing is just regurgitating the community's distrust ... in the legal system."
AAP
http://www.theage.com.au/news/national/excrown-prosecutor-addicted-to-child-porn/2007/06/14/1181414448338.html
How's the way he tries to use depression as an excuse for watching kiddie porn!! A senior lawyer for the crown... sounds like he takes after her majesty.
June 14, 2007
Former NSW deputy director of public prosecutions Patrick Power was addicted to child pornography and couldn't stop himself downloading images from the internet, a court has heard.
Power hung his head low as his defence lawyer Philip Bolten today argued in the District Court for a reduction in his 15-month sentence for possessing child pornography.
During a routine maintenance inspection of Power's personal computer last year, a technician stumbled across 433 photos and 31 videos of child pornography.
Some of the material involved sex acts with children under the age of 10.
Power pleaded guilty in January to the charges and was sentenced in May to 15 months' jail with a non-parole period of at least eight months.
Mr Bolten argued today that the chief magistrate of the lower court had accepted a series of psychiatric evaluations stating that Power had suffered from chronic depression since the 1970s.
He said the magistrate had disregarded the substantive weight of the assessments because Power was a senior lawyer for the crown.
Mr Bolten read to the court from a number of character references from friends and colleagues of Power, which said he had suffered a number of crises in the past seven years.
Power's mother had died in 2001 and he had undergone hip replacements and shoulder and cataract surgery a few years ago. He had also been put under considerable stress while prosecuting cases involving homicide and pack rape.
Mr Bolten read from a psychiatric report that said Power had been reduced over the years to suicidal thoughts and tendencies to overeat.
"Whilst you suffer from a chronic depressive illness ... about every waking hour is a struggle," he read.
Although Power was able to function in his daily duties as a prosecutor he suffered from a chronic depressive disorder, Mr Bolten said.
Mr Bolten said a person who had a mental disorder could not be as "morally culpable or criminally culpable" when involved in illegal activities.
He added that Power's condition was apparent to friends and colleagues, even though he had the ability to perform his job as a senior prosecutor.
"Coping at work, doing his job as best he could ... but the rest of his life was in serious disarray ... and seen by many as barely coping," Mr Bolten told the court.
He said it was not an issue of determining right from wrong, but an inability by Power to put a stop to his addiction to downloading pornography from the internet.
Hetty Johnston, founder of the child protection charity Bravehearts, attended the morning session of the court and told reporters at the break that Power's plea for a lesser sentence should be disregarded.
"If he's so mentally distressed by this for all of these years, why hasn't his psychiatrist taken him off, why hasn't he resigned, why hasn't he done any of the things that a normal person would do in that situation if you're so stressed by this matter coming before you," Ms Johnston said outside court.
"I just think it's nonsense and an excuse and I just hope it doesn't wash."
Ms Johnston said the sentence of 15 months jail by the lower court was not enough but the best she could hope for.
"To have that now in question again, all this is doing is just regurgitating the community's distrust ... in the legal system."
AAP
http://www.theage.com.au/news/national/excrown-prosecutor-addicted-to-child-porn/2007/06/14/1181414448338.html
How's the way he tries to use depression as an excuse for watching kiddie porn!! A senior lawyer for the crown... sounds like he takes after her majesty.