A New South Wales paedophile who was a member of a global child abuse network should be eligible for some lenience when he is sentenced because he has contracted COVID and been bashed in jail, his lawyer says.
But prosecutors have argued that Bret Anthony Chesworth's offending was "abhorrent", "particularly depraved" and that the material he was caught with was of "the worst kind".
Chesworth, 55, was arrested by Australian Federal Police at his New Lambton Heights home, on the outskirts of Newcastle, in November last year.
He was the 15th of more than 20 suspects arrested as part of Operation Arkstone, which was established following a report from the US National Center for Missing and Exploited Children.
Chesworth was charged with nine offences and pleaded guilty to seven of those in June this year.
The guilty pleas related to the possession of child abuse material and using a carriage service to transmit and access child abuse material between March 2019 and September last year.
He also pleaded guilty to using a carriage service to offend by discussing sexual activity with an underage person and using a carriage service to prepare or plan to procure a person under 16 to engage in sexual activity.
Two charges were dropped, including a bestiality charge against his cavoodle pet dog between December 2019 and November 2020.
'Particularly depraved'
In her sentencing submission in Newcastle District Court, Commonwealth prosecutor Sarah Short said the material seen in the Chesworth case was "of the worst kind".
"It is abhorrent," she said.
"The offending is very, very serious and should be denunciated by this court.
Ms Short noted the distress to the children involved and said his behaviour was "particularly depraved, particularly abhorrent, especially a video".
"The offender encouraged his co-offenders to produce material to engage with those co-offenders' children and to really sexualise them," she said.
"If it had been unknown children and children cartoons, perhaps under the offending would be mid-range.
"The offender knew those were someone else's children and he encouraged those co-offenders.
COVID-positive and bashed
Defence barrister David Murray argued his client had done it tough already in Parklea prison, where Chesworth became infected during a COVID outbreak.
He said that was extra punishment that had been exacerbated by a second lockdown in response to another outbreak.
"As of Sunday last week Parklea was put into a period of lockdown, 24 hours a day," Mr Murray said.
"There are no clean clothes, no washing is done, to clean dishes in the sink of the cell they have to use hand products, there is no disinfectant and no toilet cleaning products."
Mr Murray also noted his client had been bashed.
"He has been a victim of an assault, punched in the face and had his foot stomped on multiple times," he said.
The defence argued the offending was in the mid-range, but the prosecutor disagreed.
Judge Chris O'Brien is due to hand down his sentence on December 10.
