Jay Beaton appeals jail sentence for possessing child abuse material at Menai home

A man from Sydney’s south who has spent 67 days in custody has appealed his jail sentence for possessing 32 child abuse images and videos.

Jay Anthony Beaton was jailed for possessing child abuse material earlier this year. Picture: Ashleigh Tullis

A man jailed for possessing 32 child abuse images and videos after he downloaded a file from a public website has successfully appealed his sentence.

Jay Anthony Beaton, 21, was sentenced to a 18-months imprisonment with a non-parole period of 12 months in Sutherland Local Court in July after he pleaded guilty to possessing child abuse material and possessing prohibited drugs.

The former data administrator appealed in Downing Centre District Court on Thursday where Judge John North agreed to quash the jail sentence and instead placed him on a community-based order.

“I would not have thought of acceding to such a request had it not been for the 67 days he has already spent in custody and which no doubt has been difficult given the nature of charges, given his youth and his prior lack of contact with the judicial system,” he said.

Agreed facts state on May 2, specialist police arrived at Beaton’s Menai home, where he lives with his mother, to execute a search warrant.

The appeal was hearing in Downing Centre District Court.

Police found Beaton in his bedroom and he initially denied possessing any child abuse material.

Officers located and seized his computer desktop and tower, which was in his name and found in his bedroom, along with other old laptops and computers.

Police also located 10g of cannabis, which Beaton immediately made full admissions to possessing.

Officers left the house and examined the computers, which contained videos and images that “clearly constituted child abuse material”, documents stated.

Police said there were 32 images and videos of adults having intercourse with children aged between five and 10, young girls with their genitalia exposed and one girl, no older than 10, giving oral sex to an animal, the documents state.

The documents state the images were located in folders which also contained “selfie” style nude images of Beaton. Beaton was arrested at his home the next day.

The court previously heard during sentence that Beaton found the files online through the website 4chan where he “went down a dark rabbit hole” and was able to access a publicly available share drive and downloaded the files “to have a look” because he was “curious”.

Beaton “immediately deleted” the files upon seeing them but conceded he must not have completely removed the files from his computer, the court heard.

Judge North noted the charge was “very serious” but Beaton’s rehabilitation and age needed to be taken into account.

He also accepted there was no evidence of sophistication or planning, financial benefit of accessing the material, and importantly Beaton did not disseminate the images or videos.

Judge North also noted courts regular heard cases where hundreds and thousands of child abuse images and videos were downloaded with a number of children put at harm.

He also took into account that Beaton’s prior good character was confirmed through character references and he had a reasonable prospect of rehabilitation.

Judge North also accepted Beaton had lost his job and friends after being charged and made self harm attempts.

The court also heard Beaton suffered from mental health issues including major depressive disorder and had engaged in counselling.

Beaton was sentenced to a two-year community corrections order where he must be of good behaviour and will be supervised by community corrections.

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