Ayush Bajracharya gave 'chilling' reason for continuing to access child abuse material, judge says

Ayush Bajracharya is waiting to learn his fate after pleading guilty to charges of possessing child abuse material and using a carriage service to access child abuse material.

His offending occurred between May 2020 and September 2021.

Bajracharya, a former Department of Defence information technology worker, faced the ACT Supreme Court on Friday for a sentence hearing.

The prosecutor told the court when Bajracharya was asked why he continued to access the material when he had a background in IT, he responded by saying he "didn't know how serious the sentence was".

Chief Justice Lucy McCallum described initially finding this response "chilling" because Bajracharya did not see beyond his self-interest.

Bajracharya's barrister, Steven Whybrow, argued his client was a "rare case" for rehabilitation instead of time behind bars, citing the offender's traumatic childhood.

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Two psychologists gave evidence after examining and treating Bajracharya, finding he would access child abuse material first, get "angry" with himself, and then move on to adult pornography.

Forensic psychologist Leesa Morris wrote a report on Bajracharya on July 14, finding his actions were "likely a trauma re-enactment" and diagnosing him with post-traumatic stress disorder related to his troubled childhood.

The second psychologist, Professor Douglas Boer, said he had seen Bajracharya regularly eight times after he was charged in 2021 and hoped to continue to work with him as "going into custody would be detrimental to his progress".

The prosecutor submitted that while the court must take into account the objective of rehabilitating a person, it "doesn't replace all the other considerations" when sentencing.

She further argued defence submissions were primarily from psychologists, who relied on "self-serving" assertions made by the offender.

Chief Justice McCallum said she would consider both sides' submissions before handing down a sentence next Friday morning.

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