David Matthew Wilson pleads guilty to downloading 1000+ child abuse images
A Bundaberg father claimed he didn’t know downloading child exploitation material was against the law after police found more than 1000 incriminating files on his two phones.
Police & Courts
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A Bundaberg father of four has pleaded guilty to possessing more than 1000 pieces of child exploitation material, claiming he thought downloading was legal since he understood streaming wasn’t penalised.
David Matthew Wilson represented himself in Bundaberg District Court where he pleaded guilty on Friday to knowingly possessing child exploitation material.
He claimed he was not sound of mind at the time of the offence on February 26, 2024, as he hadn’t been taking medication to treat his schizophrenia.
Crown Prosecutor Sandra Cupina told the court the 37-year-old had an extensive history with prior drug offending, trespassing, dishonesty, domestic violence and assault charges.
She said that in February police executed a search warrant at Wilson’s Bundaberg home where they seized two mobile phones.
On these they found a “very large number of child exploitation (images)” Ms Cupina said.
She explained that of the 2000 clips downloaded, more than 1000 contained “unique child exploitation material”.
She also said there was nine videos of young girls aged between five and 11 being subjected to penetrative sexual acts by adults.
Judge Allen later told the court one video was of a five- to eight-year-old girl being sexually abused by an adult, and another a 1.5 hour video of an eight to 11-year-old girl also being abused.
Ms Cupina requested Wilson’s two phones be forfeited upon his release as they were used to commit the offence.
Wilson had served almost four months (112 days) in the Maryborough Correctional Centre.
He told Judge Allen he had four children and was on a disability pension for schizophrenia for which he was diagnosed in 2018.
Wilson also blamed the NBN filter for his ability to access the material.
“They didn't filter it out on Vodafone so I don't know if I should be charged guilty for a fault in their system,” Wilson said.
“They wouldn't have to filter it out if people weren't trying to get it” Judge Allen replied.
Judge Allen said Wilson could not blame someone else for not stopping him from committing a crime he was trying to commit.
Wilson said he was offered the rest of the videos for 35 Euros but that he didn't pay to get the full versions which he claimed would have been 400 gigabytes of child exploitation material.
“I didn't know downloading it was illegal, because if you stream it... it’s legal, but if you press the download button it’s illegal,” Wilson told the court.
Judge Allen told Wilson he was wrong.
Wilson said he was living with his landlord at the time of the offence but should be be released he would be “staying under the bridge in a tent” as he wouldn't be welcome back in his previous home.
He asked Judge Allen to “not discriminate” him for his homelessness which he blamed on the charges.
“I didn't know that I had the material,” Wilson then claimed despite his plea.
“I just want to serve my time and get back to my life, I’ve lost everything.”
Judge Allen acknowledged Wilson’s early guilty plea, noting the maximum penalty for the charge was 14 years of imprisonment.
He sentenced Wilson to 112 days’ jail, time served with immediate parole release and placed him on probation for two and a half years.