Child abuse material accused ‘would be vulnerable in jail’, Supreme Court judge told

The lawyer for a Hobart man who downloaded hundreds of child abuse files has urged a judge not to jail her client, arguing his case’s “exceptional circumstances” warranted home detention.

Po Finn Nathan Hammer, 24, appeared in the Supreme Court in Hobart on Tuesday for sentencing submissions, after having earlier pleaded guilty to one count of accessing child exploitation material.

The lawyer for a Hobart man who downloaded hundreds of child abuse files from the internet has urged a Supreme Court judge not to send her client to prison, arguing the defendant’s “exceptional circumstances” warranted home detention or a community correction order.

Po Finn Nathan Hammer, 24, appeared in the Supreme Court in Hobart last week for sentencing submissions, after having earlier pleaded guilty to one count of accessing child exploitation material.

The court heard that in December 2023, Hammer’s Moonah home was raided by officers from the Tasmania Police and Australian Federal Police Joint Anti Child Exploitation Team, who seized a MacBook laptop computer belonging to the defendant and which was later found to contain images and videos depicting children.

New MacBook laptop PC.

Prosecutors said Mr Hammer had admitted to police he accessed the material using software that made his online activity difficult to detect, had used “burner” email addresses in the past occasions to hide his identity when sharing files, knew his conduct was wrong, and had taken deliberate steps to avoid detection.

But defence counsel, Philippa Monk, told Acting Justice Shane Marshall that a combination of factors relating to Mr Hammer’s offending meant His Honour could be satisfied the case qualified as exceptional circumstances.

Asking Acting Justice Marshall to deliver a sentence short of actual imprisonment, Ms Monk said the defendant was 23 when he committed the crime, had no prior convictions, retained the support of his parents, and had excellent prospects of rehabilitation.

The court heard that Mr Hammer had been clinically diagnosed with a number of psychological conditions – including autism, major depression, and paedophilia – and was currently responding well to a treatment plan.

Themi symbol of justice, close-up view istock image

The defendant had been fully cooperative with police, had pleaded guilty to the single charge at an early stage in proceedings, and had complied with strict bail conditions since his arrest, Ms Monk said.

Ms Monk submitted that her client would be “extremely vulnerable” in a prison environment, and said a sentence focused on rehabilitation was appropriate in the circumstances.

“I submit that nobody’s interests are best served by Mr Hammer serving an actual term of imprisonment,” she told His Honour.

Acting Justice Marshall told counsel he would need time to consider Ms Monk’s submissions, saying he would have to jail Mr Hammer if exceptional circumstances could not be established.

His Honour bailed the defendant to reappear on Tuesday 13 May.

Originally published as Child abuse material accused ‘would be vulnerable in jail’, Supreme Court judge told