At Chidiac & Associates, we provide experienced criminal defence representation to clients facing allegations of possessing prohibited animal abuse material throughout Sydney and New South Wales. We carefully examine the evidence relied upon by the Prosecution and the precise elements required to establish the offence.

What is the Offence of Possessing Animal Sexual Abuse Material?

The offence is contained in section 547E(2) of the Crimes Act 1900 (NSW).

A person who possesses animal sexual abuse or animal crush material is guilty of an offence.

The maximum penalty is:

3 years' imprisonment

The offence forms part of section 547E, which deals with prohibited animal abuse material. The terminology was amended in 2026 from “bestiality material” to “animal sexual abuse material”.

What is Animal Sexual Abuse Material?

For the purposes of section 547E, animal sexual abuse material is material depicting an act of animal sexual abuse.

The legislation also separately addresses animal crush material, being another category of prohibited animal abuse material covered by section 547E.

The precise nature of the material alleged to have been possessed is therefore an important part of the Prosecution case.

Where material is stored electronically, the Prosecution may rely upon evidence concerning:

• images;
• videos;
• files stored on a computer or mobile phone;
• external hard drives or other storage devices;
• cloud storage;
• messaging applications;
• social media accounts;
• downloaded material; or
• other digital data.

The Prosecution must establish that the material falls within the relevant statutory definition.

Elements of the Possession Offence

To establish an offence under section 547E(2), the Prosecution must prove the relevant elements beyond reasonable doubt.

1. The Material Was Prohibited Animal Abuse Material

The Prosecution must establish that the material was animal sexual abuse material or animal crush material as defined by the legislation.

It is not sufficient merely to establish that a file, image or video existed. The Prosecution must establish that the material falls within the relevant statutory definition.

The precise content of the material may therefore be central to the Prosecution case.

2. The Accused Possessed the Material

The Prosecution must establish that the accused possessed the material.

Possession may be an important issue where material is found on a device, account or storage location used by more than one person.

Relevant questions may include:

• who owned the device;
• who had access to the device;
• whether other people could access the relevant account;
• where the material was stored;
• how the material came to be stored;
• whether the accused had control over the material; and
• whether the accused knew of the material's existence.

The fact that prohibited material is found on a device associated with an accused person does not necessarily resolve every issue concerning possession.

3. The Accused Had the Required Knowledge

Section 547E provides a defence where the defendant did not know, and could not reasonably be expected to have known, that the material possessed was prohibited animal abuse material.

Knowledge and the circumstances in which the material came into the accused person's possession may therefore be critical.

Issues may arise concerning whether material was:

• deliberately downloaded;
• received from another person;
• automatically downloaded;
• stored without the accused's knowledge;
• contained within a larger collection of files; or
• present on a device or account accessible by other people.

The digital evidence should be carefully examined in light of the particular circumstances of the case.

What Are the Penalties for Possessing Animal Sexual Abuse Material?

Under section 547E(2) of the Crimes Act 1900 (NSW), the maximum penalty is:

3 years' imprisonment

This is the maximum penalty available to the court. It does not mean that every person convicted of the offence will receive a sentence of 3 years' imprisonment.

The appropriate penalty will depend upon the circumstances of the particular offending and the offender.

Relevant considerations may include:

• the nature of the material;
• the quantity of material;
• the period over which the material was possessed;
• how the material came into the person's possession;
• whether the material was deliberately sought or downloaded;
• the nature and extent of the person's possession or control;
• the person's criminal history;
• whether a guilty plea was entered;
• the person's personal circumstances; and
• prospects of rehabilitation.

Defences to Possessing Animal Sexual Abuse Material

Being charged with possessing prohibited animal abuse material does not mean that you are guilty.

The Prosecution bears the burden of proving the elements of the offence, subject to the operation of any applicable statutory defences.

Section 547E provides a number of specific defences.

Depending upon the circumstances, issues that may arise include:

• the accused did not know, and could not reasonably have been expected to know, the nature of the material;
• the material did not fall within the relevant statutory definition;
• the accused did not possess the material;
• the material was stored on a device without the accused's knowledge;
• another person had access to or control over the device or account;
• the material came into the accused's possession unsolicited and reasonable steps were taken to get rid of it after the accused became aware of its nature;
• the conduct was of public benefit and did not extend beyond what was of public benefit;
• the accused was a law enforcement officer acting reasonably in the course of their duties;
• the material had a relevant classification under the Classification (Publications, Films and Computer Games) Act 1995 other than Refused Classification; or
• another statutory defence applied.

The applicability of any defence will depend upon the particular facts and circumstances of the case.

Unsolicited Material

The legislation specifically recognises circumstances in which prohibited animal abuse material comes into a person's possession unsolicited.

For a possession offence, a defence may be available where the material came into the person's possession unsolicited and, as soon as they became aware of its nature, they took reasonable steps to get rid of it.

The particular circumstances surrounding the receipt of the material and the steps subsequently taken may therefore be important.

Evidence concerning when the material was received, when its nature became known and what happened afterwards may need to be carefully examined.

Digital Evidence in Possession Cases

Possession allegations frequently involve complex digital evidence.

Police may seize and examine devices including:

• mobile phones;
• computers;
• laptops;
• tablets;
• external hard drives;
• USB devices; and
• other electronic storage devices.

The Prosecution may also rely upon evidence obtained from:

• cloud storage accounts;
• messaging applications;
• social media accounts;
• internet browsing histories;
• download histories;
• file metadata;
• account records; and
• forensic examinations of electronic devices.

At Chidiac & Associates, we carefully examine the digital evidence relied upon by the Prosecution and consider issues concerning knowledge, access, control and possession.

Multiple Users and Shared Devices

An important issue may arise where a device, computer, account or storage location was accessible to more than one person.

The Prosecution must establish the accused person's connection to the material alleged.

Relevant issues may include:

• whether the device was shared;
• who had access to the device;
• whether multiple user accounts existed;
• whether passwords were shared;
• whether another person could have downloaded or stored the material; and
• whether the available forensic evidence can reliably identify the person responsible.

The existence of material on a device does not necessarily establish who downloaded, accessed or possessed it.

Each case must be assessed based on the available evidence.

Defending a Possession Charge

Depending upon the circumstances, possible issues in defending a charge of possessing animal sexual abuse material may include:

• the material was not prohibited animal abuse material;
• the accused did not possess the material;
• the accused did not know the material existed;
• the accused did not know, and could not reasonably have been expected to know, the nature of the material;
• another person had access to the relevant device or account;
• there is insufficient evidence connecting the accused to the material;
• the material was received unsolicited;
• reasonable steps were taken to dispose of the material after its nature became known;
• the Prosecution's digital evidence is unreliable or incomplete;
• the forensic evidence does not establish possession or control; or
• a statutory defence applies.

The Prosecution must establish the charge in accordance with the applicable legislation and evidence.

Investigations and Electronic Devices

An investigation may involve the execution of a search warrant and the seizure of electronic devices.

Police may seek to examine devices or obtain information concerning accounts, communications and stored material.

If you become aware that you are the subject of an investigation, obtaining legal advice before participating in a police interview can be important.

Early legal advice can assist in understanding the allegations, the investigative process and your legal position.

How We Can Help

Possession allegations involving prohibited animal abuse material can involve complex legislation and substantial amounts of digital evidence.

At Chidiac & Associates, we provide:

• confidential advice about the allegations;
• representation during police investigations;
• advice concerning police interviews;
• detailed analysis of Prosecution evidence;
• examination of digital and forensic evidence;
• assessment of issues concerning knowledge, access and possession;
• analysis of potential statutory defences;
• representation at court appearances;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings and trials; and
• sentencing advice and representation.

Our approach is built on thorough preparation, careful legal analysis and strong courtroom advocacy.