Canberra man Christopher Middleton blames autism for child abuse material offences

Lawyers for a man who pleaded guilty to child abuse material offences say his suspected autism has a ‘causal link” to his offending.

Christopher Middleton (white shirt) leaves The ACT Law Courts with a supporter. He is charged with possessing, distributing and producing child sex abuse material. Picture: Julia Kanapathippillai

Lawyers for a man guilty of egregious child abuse material offences have attempted to downplay his moral culpability due to his suspected autism diagnosis.

Christopher Middleton fronted the ACT Supreme Court for a sentencing hearing on Tuesday.

He pleaded guilty last year to possessing child abuse material and using a carriage service to transmit child abuse material.

Psychologist Tabitha Frew previously provided a report to the court which stated she believed Middleton had level two autism and said there was a “causal” link between the condition and his offending.

Her report described Middleton as having the emotional age of 15 and claimed he lacked the empathy to relate to victims depicted in the child abuse material.

Christopher Middleton leaves The ACT Law Courts last year. Picture: Julia Kanapathippillai

The court heard the child abuse material Middleton had in his possession included depictions of pre-pubescent and toddler-aged children.

Another psychologist Graeme Randall, who has been treating Middleton, gave evidence on Tuesday and said he saw some traits consistent with autism, but did not formally diagnose him.

He said autism would have “impacted” Middleton’s understanding of his behaviour and actions.

The psychologist said if Middleton was autistic it could provide context for his offending but would not explain his offending.

Under cross examination Mr Randall said Middleton had expressed symptoms of PTSD after viewing a specific piece of child abuse material.

Christopher Middleton will be sentenced for child abuse material offences next month. Picture: Julia Kanapathippillai

Mr Randall said Middleton said he “still feels sick” thinking about the footage he saw and says his repulsion could indicate he had some degree of empathy.

A crown prosecutor told the court she did not believe an intensive corrections order would be appropriate due to the severity of the offences.

She said there were no “exceptional circumstances” in Middleton’s case, and noted Mr Randall and a third psychologist did not also come to the same conclusions as Ms Frew about possible autism.

“People who suffer from Autism are known to try to mask that condition,” Justice Chrissa Loukas-Karlsson said in response.

Middleton’s lawyer John Purnell SC told the court Ms Frew had provided uncontradicted evidence regarding his client’s autism diagnosis, and said the court should accept her evidence.

Mr Purnell also made submissions about case law regarding the sentencing of offenders with personality disorders.

The prosecutor responded by saying “autism is not a personality disorder”.

Ms Loukas-Karlsson will sentence Middleton on March 14.