Elderly man avoids jail

Courthouse  TBW Newsgroup
BAIL REFUSED: Three men were remanded in custody in court yesterday following their arrest in the early hours of the morning in relation to various serious incidents.

AN ELDERLY man who was found with almost 4000 images of child pornography on his laptop computer has been placed on a good behaviour bond.

Donald Julian McCarthy, 80, appeared in the Mount Gambier District Court on Tuesday pleading guilty to possessing child exploitation material.

Judge Sydney Tilmouth told the court on August 8 last year, McCarthy brought his laptop to a local community company to be repaired when the pornographic images were detected on the device.

Tilmouth said police were notified and 3892 images were discovered on the computer on August 11, 2018 during a warranted police search.

Of the images, 815 were determined to include children under the age of 14.

In sentencing, Judge Tilmouth said McCarthy accessed the images out of naivety and the images had been collected on and off for around eight years.

Judge Tilmouth said the defendant’s exploration of child exploitation material “became more intense” as time progressed.

“You are a single man who lives in an aged care facility located in Mount Gambier,” he said.

“You have made few friendships … perhaps you had too much time on your hands.

“You spent 30 years as a park ranger before retiring in 2003, moving into the aged care facility in 2007.”

Mr Tilmouth said McCarthy had health conditions which hindered mobility and had no other offending history.

“You should appreciate these defendings, some of the images may have contained subjects as young as six,” he said.

“You have advanced age and health conditions.”

McCarthy was placed on an 18-month good behaviour bond with 12-months of the bond to be supervised by a community corrections officer.

Mr Tilmouth said McCarthy was to not be found in possession of any child pornography.

A forfeiture of the laptop was also ordered.