NSW mother accused of child exploitation material granted bail

A NSW mother accused of possessing child exploitation material of her daughter after images were discovered at a Canberra photo printing business has been granted bail, with her lawyer arguing the photos were taken by the child for a "creative project".

The woman in her 30s, who cannot be legally identified, appeared in the ACT Magistrates Court via audio-visual link, charged with aggravated possession of child exploitation material.

In a closed bail application, which media were permitted to attend, the court heard police had seized 49 digital images from an Officeworks store in Canberra.

According to police, the woman had attempted to print the photos at the Canberra store last Wednesday but they failed to print because of a machine malfunction.

She was refunded and left the store, before staff later allegedly discovered the images and contacted police.

The woman was arrested on Friday, and during another closed bail application before the court on the weekend, where she was refused bail, the woman indicated she would plead not guilty to the offence.

Images were artistic, defence says

Her defence lawyer Peter Woodhouse said, on the police facts, the case involved a child who took creative photographs of herself and who had tried to print those photos at Officeworks herself.

The court heard one image showed the child naked in a bathroom covered in red liquid "which looked like blood" and holding knives, while others showed the girl stretching on a bed or lying on a mirror in her underwear.

The court heard the child, who has suspected autism and sensory issues, told police she was "quite arty", she liked taking creative and artistic photos of herself, and her mother had helped her set up some photography shoots in the past.

Mr Woodhouse said the woman, who had no criminal history, had spent five nights in custody in isolation after threats from other inmates who had called her "disgusting" and a "kiddie fiddler".

He argued the prosecution's case was "doomed to fail", and said the images did not necessarily meet the legal definition of possessing child exploitation material.

"The approach of the police in this matter is hard to fathom."

"The child took the photos of herself, using her mother's phone, for a creative project.

"There's nothing sexual or predatory about this matter."

Prosecutor argues against bail

Prosecutor Susie Kim opposed bail, arguing there was a risk the woman could endanger the safety and welfare of the child.

Ms Kim said the woman had provided a "number of scenarios" to police which were "implausible".

She argued the woman made admissions to police that she was aware of one of the photographs but said she did not delete it because she "forgot they existed".

The court heard the woman told police the child was with her at the store and she had momentarily walked away when her daughter had tried printing the photos.

Judge grants woman bail on conditions

In granting bail, Magistrate Glenn Theakston said there was "much to be said" for the defence submissions, and that prosecutors may face challenges in establishing the case.

He noted it was not uncommon for children to take photographs of themselves and that nudity alone did not necessarily amount to child exploitation material.

The woman was granted bail on conditions, including that she not be in the company of her daughter unless another adult was present.

She was also ordered not to delete, or remotely delete, any images from her mobile phone.

The court heard NSW Police had also issued her with an apprehended domestic violence order, preventing her from being within 1,000 metres of her daughter.

At the end of proceedings Magistrate Theakston addressed the woman, who was visibly emotional in court.

"This will pass. Trust the process and engage with your lawyer appropriately."

The case will return to court in July.