David Dillon-Henderson avoids jail after producing and possessing AI child abuse material

A man felt he was set up after being busted prompting an AI generator to produce child abuse material depicting “girls 10 to 13”, a court has heard.

David Dillon-Henderson leaving Wollongong Local Court earlier this year. Picture: Dylan Arvela

A man felt he was set up after being busted prompting an AI generator to produce child abuse material depicting “girls 10 to 13”, a court has heard.

David Bradley Dillon-Henderson, 22, was sentenced on Wednesday after previously being found guilty of producing child abuse material and possessing child abuse material in a defended hearing.

The hearing at Wollongong Local Court in September heard Dillon-Henderson, who is bailed to an address in Parramatta, was in the final stages of a relationship with a woman he was living with in Unanderra when the images were found on his computer.

The court heard the images were inside a folder labelled “open me” with the files inside described as “very explicit” and “very inappropriate”.

The court heard the Discord chat was also accessed on the computer with blurred pictures and files under the labels “under 17, 18 plus and child”.

David Dillon-Henderson pleaded not guilty to the charges he was found guilty of. Picture: Dylan Arvela

The older brother of the girlfriend, who is a member of the NSW Police, was contacted and he came to the house and looked at the computer before it was reported at Lake Illawarra Police Station.

The were a total of 10 AI images, four of which were deemed child abuse material. The court heard Dillon-Henderson used prompts including “schoolgirl, skirt and leggings”.

The court heard a detective asked if he was aware such conduct was a crime and he replied: “No not AI stuff, I am not aware.”

Magistrate Les Mabbutt said there were “unusual” aspects to the case including the woman being the sister of the NSW Police officer.

David Dillon-Henderson was sentenced to a community correction order. Picture: Dylan Arvela

However, he found he could not come to a view Dillon-Henderson did not produce and possess child abuse material given the admissions he made to police and the evidence put before the court.

In court on Wednesday, defence lawyer Jack Hibbard submitted the this case was an example of the law struggling to keep up with rapidly developing technology given these child abuse material files did not depict real children.

Mr Hibbard said the threshold to full-time jail was not crossed, which was opposed by the police prosecutor who claimed: “Even if they don’t concern real children it encourages this behaviour by the exposure to these images.”

The magistrate, in sentencing, commented how the NSW parliament continued to “grapple” with offending relating to child abuse material.

“Society views children being used and abused and exposed to shocking trauma very seriously,” he said.

“The penalties are so severe in order to cut the chain.”

Mr Mabbutt said Dillon-Henderson had shown “no remorse or contrition” for the offending.

The sentencing assessment report cast the offender as someone who felt “aggrieved by the police involved” and “set up”.

Mr Mabbutt sentenced Dillon-Henderson to a two-year community correction order and fined him $4000.

“If you have an attraction to these images and you can’t leave them alone you’ll be back and you’ll be going to prison,” the magistrate warned.

Got a court yarn? Email [e-mail]