Peter Michael Gurney, 51, sentenced for soliciting and possessing child abuse image of a student from Tamworth school

Peter Michael Gurney, now aged 51, walked from Tamworth District Court this week on an Intensive Corrections Order (ICO), or prison term in the community, after being sentenced for two charges.

As part of the agreed facts, Gurney, who was 50 at the time of offending, was a teacher at a high school in Tamworth and had taught the victim since her earlier years at the school.

The court heard the victim was vulnerable and in 2021 the offender gave her his mobile phone number and "invited her to confide in him" if she ever had any problems.

The court heard the child abuse image "involved a real victim" who Judge Deboroah Payne said Gurney "had a position of trust and authority over".

Judge Payne said "such conduct is abhorrent" and the "offender used his position as a teacher and tutor ... to fulfill his sexual desires".

"This invovled a gross breach of trust," she said.

READ ALSO:

Gurney pleaded guilty to soliciting material using a carriage service, namely causing the child abuse image from the victim to be sent to him, on September 16, last year at Oxley Vale.

He also admitted to the charge of possessing and controlling the child abuse material in the form of data held on his computer and data storage device.

The court was told Gurney asked for a full nude body photograph "which was not provided", but he saved the first image depicting private body parts of the victim which "he had caused" to be sent to him.

"He saved the image to his phone gallery and desktop computer," the solicitor for the Crown said.

Judge Payne said keeping the image by Gurney meant there was a possibility of reviewing it and "further victimising this young lady on future occasions".

Under Commonwealth laws, the maximum penalty is 15 years' imprisonment.

Judge Payne imposed an aggregate prison sentence of two-years-and-six-months to be served by way of an ICO.

She said the sentence was reduced by two months and seven days to take into account the time Gurney had already served behind bars.

She acknowledged Gurney's "tragic" family raising, and the medical material submitted by the defence.

Judge Payne said he had the support of family, and no criminal history.

She said there was a need for general deterrence, balanced against his need for rehabilitation, and he had pleaded guilty at the earliest opportunity meaning he was given a 25 per cent discount.

"I accept he is remorseful and contrite for his offending behaviour," she said.

The court heard Gurney had cooperated with police when he was arrested, and Judge Payne accepted "there is hardship to his family if he was going to go into full time custody again".

As part of his sentence, he must not commit any offences, continue treatment, and be supervised by authorities.

He must also perform 250 hours of community service. The sentence will expire in February 2025.

Judge Payne also made an order that the phone and computer be forfeited to the Crown to be destroyed.

Some of the details in the case cannot be reported for legal reasons.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: