A South Australian man who covertly filmed three of his stepchildren while they were undressing or naked has been given a reduced sentence because he was on a medication that reduced his impulse control.
The man, who cannot be named for legal reasons, will spend at least six months in jail after pleading guilty to three aggravated counts of producing child exploitation material.
The man admitted to recording his teenage stepdaughter naked in her bedroom and a bathroom in April 2018 without her knowledge.
On the same day, he filmed one of his teenage stepsons naked in the shower.
In August 2018, he filmed that stepson and another stepson naked in the shower and the stepdaughter in her underwear in her bedroom.
In September 2018, he filmed his stepdaughter naked in the bathroom.
Police found the videos on two mobile phones after the man and his wife spoke to a psychologist about his mental health and reported what he had done.
Police did not find any other child exploitation material at the family's home.
Man experienced 'hyper-sexuality'
The District Court heard the man had gone to his GP in 2015 complaining about "progressively deteriorating sexual function".
Tests found he had low testosterone and an elevated blood level of a hormone called prolactin, likely caused by a small tumour in his pituitary gland.
He was prescribed a drug called Cabergoline, which inhibits the production of prolactin.
In July 2018, he told his treating endocrinologist, Professor Gary Wittert, that he was experiencing "hyper-sexuality", increased obsession with pornography and an interest in gambling.
Professor Wittert told the court there was an "established association" between Cabergoline and "impulse control disorders", especially when combined with other medication.
The man had been on another drug — an opioid called Tapentadol — because of a work-related injury.
'Exceptional circumstances' around case
Because the man's offences spanned three separate dates, he would normally have been considered a serious repeat offender, which sentencing laws say requires the offender's non-parole period to be for at least four‑fifths of the length of their head sentence.
However, Judge Julie McIntyre decided not to sentence him as a serious repeat offender because, in her view, there were "exceptional circumstances" around "the prescription of Cabergoline and its effect".
"I accept Professor Wittert's opinion that … he was acting under an irresistible impulse and consequently engaged in behaviour that he would not ordinarily engage in," she said in her judgement handed down on Monday.
The prosecution had claimed the offending "required planning and was targeted and that accordingly the offending was not impulsive".
"The prescription of that drug and its effect upon [the man] have caused him to act in a way that he would not otherwise do," Judge McIntyre said.
"This is demonstrated by his lack of prior criminal history. It is recognised by his wife as being out of character.
"Balancing his circumstances against the paramount consideration of protecting the safety of the community, there appears to be no reason to believe that the safety of the community is imperilled by [the man] given that he has ceased taking this medication and has sought medical and psychological assistance to deal with the issue.
"He is moreover committed to further rehabilitation as recommended. For the same reasons, personal and general deterrence does not play such a large factor in sentencing [the man] as would usually be the case."
His head sentence of two-and-a-half years' jail was reduced by 40 per cent to 18 months because of his guilty plea, rather than the maximum 25 per cent reduction allowed under legislation passed earlier this month.
The man's wife and her children have stood by him.
"[The man's wife] describes you as a fabulous stepfather and says that her children love and adore you," Judge McIntyre said in sentencing.
"She and the children would very much like you to get the appropriate rehabilitation and return to the family home."
