Pedophile Bhuwani Prasad Khadka sentenced to prison for Telegram, WhatsApp child abuse groups
A pedophile who set up social media groups to exchange vile child abuse material could walk free from prison in less than four years, despite confronting a maximum punishment of 20 years in jail.
Bhuwani Prasad Khadka was sentenced to prison at South Australian District Court on Tuesday for a seven-month period of sick offending during which he set up and participated in groups on Telegram, Facebook Messenger and WhatsApp to exchange child abuse videos.
One WhatsApp group counted 57 participants, while another counted 106 participants.
The videos depicted adult men sexually assaulting infants and pre-pubescent children.
Judge Carmen Matteo, in her sentencing remarks, called the material the 'very worst and most depraved types of child abuse of children'.
'The possession and distribution of child abuse material harms children because it sustains and encourages a market which is met by the abuse and vile degradation of children,' she said.
'Innocent children who are made subject of child abuse material are physically and emotionally harmed at the time the abuse is perpetrated and recorded and further degraded each time the image or video of the abuse is accessed.'
The US-based National Center for Missing and Exploited Children notified the Australian Federal Police in September 2022 that a Facebook Messenger user might be distributing child abuse material.
The IP address linked to Khadka and South Australia's elite JACET child protection unit raided his Adelaide home, finding two mobile phones and a laptop.
A search of the devices uncovered 519 child abuse files, including 482 videos.
Khadka, 28, has pleaded guilty to possessing child abuse material through a carriage service, creating and controlling an electronic service for child abuse offences and transmitting child abuse material via a carriage service between July 2022 and February 2023.
Khadka appeared at court on Tuesday via videolink from prison.
The Nepalese-born man immigrated to Australia in 2017 when he was 19 years old.
The court heard he was born in a refugee camp and grew up in poverty.
Judge Matteo said Khadka had told a forensic psychologist child exploitation material was widely circulated at the camp and he was first exposed to the material at the age of 10.
The psychologist's report tendered to the court said Khadka was guarded about admitting to his guilt, initially claiming he was unwittingly drawn to the social media groups, was not aware of the material and felt pressured to distribute child abuse material.
In a second interview, Khadka acknowledged he had wanted to remain a member of the group and accepted his conduct was 'wrong a little bit'.
The psychologist said Khadka met the diagnostic criteria of a pedophile disorder.
Khadka is married to a woman who lives in Nepal, the court heard, though he accepted the marriage would now likely collapse.
He has no prior criminal history.
Judge Matteo said Khadka's guilty plea and eventual admissions to the psychologist indicated a 'modest level of contrition.'
She said he was also a good candidate for participating in rehabilitation programs, though he has not undertaken any formal therapy to date.
Khadka faced maximum penalties of 20 years in prison for the offence of creating the social media groups, 15 years for the offence of possession and 15 years for the transmission offence.
A mandated minimum penalty of five years in jail is set for the offence of creating and controlling an electronic service for child abuse material.
Judge Matteo delivered an aggregate sentence for all offences of five years and two months, with a non-parole period of three years and eight months.
The sentence was backdated to May 22, 2024.
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