Jesuit priest Stanislaus Hogan jailed over child pornography has sentence overturned

By Isabel Dayman
ABC News
July 29, 2015

http://www.abc.net.au/news/2015-07-29/jesuit-priest-stanislaus-hogans-sentence-overturned/6657426

Stanislaus Hogan will be released from jail after his sentence was overturned.

An Adelaide Jesuit priest and teacher found with more than 1,500 pornographic images of boys will be released from jail, after a court overturned his original sentence.

Stanislaus Hogan was sentenced to two-and-half years' jail with a non-parole period of 10 months in March this year, after books, magazines and videos of young and teenage boys were found in his private quarters at Saint Ignatius' College in 2013.

The Court of Criminal Appeal today re-sentenced Hogan to an 18-month good behaviour bond after suspending a jail term of one year, three months and three weeks.

The new sentence included a six-month non-parole period, but it was suspended.

The Court of Appeal found while the original sentence was not excessive, the sentencing judge should have applied a full 30 per cent guilty plea discount and should have suspended the sentence.

"A wholly suspended sentence is appropriate given that much of the material was classified at the lowest level of seriousness, [Hogan's] early guilty pleas and cooperation with police, and the personal circumstances of [Hogan], including his low risk of reoffending," the court said.

"[Hogan] actively cooperated with the police investigation, particularly during the search of his office and bedroom.

"He also made full admissions to the police in a record of interview."

The Court of Appeal said Hogan had been held in high esteem by teachers and students in South Australia before his arrest and "there had not been the slightest suggestion that the conduct ... towards his students was at any time inappropriate".

Hogan's prospects of rehabilitation were described by the court as good.

"Soon after his arrest, the appellant commenced treatment with a psychologist," the court said.

"[The psychologist] reported that [Hogan] had exhibited a high degree of control of his sexual impulses in the past and present.

"He had been diligent in practising exercises prescribed to him ... and thus had developed an increased emotional appreciation of the harm associated with his behaviour."

The court said though good character was not usually a significant factor in sentencing for child pornography offences, it should have been acknowledged in the original sentence.

"While of lesser importance in a case such as this, his past good character and service cannot be ignored," the court said.

"That observation may also be made in relation to the loss of his career, life-long vocation and previously outstanding reputation."