Gary David Austin faces child pornography, harassment charges
A Woolooga man who claimed he was just trying to download Spotify Premium has walked free after pleading guilty to possessing 62 child pornography files.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
A Woolooga solar farm worker who told police he was just trying to download Spotify Premium has pleaded guilty to possessing 62 child pornography files.
Gary David Austin, 36, appeared in the Gympie District Court on Monday November 7, 2022, where he was granted an immediate release.
Watch: Sparks fly in teens’ insane shopping trolley ride
Austin pleaded guilty to one count of accessing child pornography, one count of possessing child pornography and two counts of harassment by phone call, each with separate victims.
Blind drunk woman drove 17km into Gympie before passing out
Crown Prosecutor Annika Cameron told the court the files featured children as young as four years old partaking in sexual acts.
Of the 62 files, the court was told there were 38 unique images and videos.
When questioned by police, Austin said he had clicked a link sent to him on instant messaging app Kik to what he thought was Spotify Premium, the court was told.
Austin’s defence counsel said the child pornography was not deliberately downloaded, instead being part of a larger file of general pornography.
The court was also told that in August 2017, Austin called a 42 year-old woman more than 10 times in the early hours of the morning.
Ms Cameron said the phone calls varied from silence, to sexual comments and moaning noises.
Later in 2021, Austin made similar phone calls to a 21 year-old woman, the court was told.
Ms Cameron also told the court of Austin’s recent Autism Spectrum Disorder diagnosis.
She said this means he “may long for meaningful relationships” and could increase his social isolation.
This meant he had “no insight into the nature of his conduct”, defence counsel said, referring to the harassing phone calls.
Judge Glen Cash said this lack of insight was particularly troubling.
Austin’s defence team told the court he is now living with his mother and he is in a committed relationship with a “mature woman”.
Austin grew up in Hervey Bay, where he was a particularly isolated teen, the court heard.
The court also heard of his previous criminal history, which included a conviction for public masturbation when he was 27.
Usually, charges concerning child pornography possession mean a mandatory jail sentence must be imposed.
Judge Cash said this was an “exceptional case,” ultimately deciding Austin will not serve his sentence in custody.
Austin was sentenced to a two year good behaviour bond of $1000, and will face prison if he breaches the bond.
“Whether you go to jail in the future will depend on whether you comply with the probation order,” Judge Cash said.
“If you’re in front of front me (again), expect to have a very difficult time.”
Convictions were recorded.
‘I’m not a person without him’: Crash victim’s mother speaks out
After the sudden and tragic loss of her only son, a Qld mother opens up about the close bond they shared and speaks out about the heartbreaking incident.
Terrifying moment tables, chairs thrown across Guzman y Gomez
Police were forced to taser a man in a regional city besieged by unruly behaviour when he went on a rampage at a family restaurant and tried to force his way into a woman’s car.