A South Australian judge is facing fierce backlash after handing a reduced sentence to a convicted paedophile, citing his “refugee background” and “lessened moral culpability” as mitigating factors.

Bhuwani Prasad Khadka, 28, was sentenced this week to five years and two months in prison, with a non-parole period of just three years and eight months, despite operating a social media network that distributed vile child abuse material involving infants and children under five.

Khadka, who moved to Australia from Nepal and lived in Burton, Adelaide, was the first person in South Australia to be charged with creating and operating an electronic network for the purpose of sharing child exploitation content. He used platforms like Telegram, WhatsApp, and Facebook Messenger to distribute and trade in hundreds of disturbing images and videos. Authorities found over 500 files on his devices.

The federal maximum sentence for his crimes is 20 years. However, District Court Judge Carmen Matteo reduced his sentence substantially, reasoning that Khadka’s actions were influenced by his upbringing in a Nepalese refugee camp.

“You have something of a lessened degree of moral culpability,” Judge Matteo stated, “on account of the link between your offending and your impoverished and disadvantaged upbringing.”

She further justified the sentence by referencing Khadka’s exposure to child abuse material in a cultural setting where, according to him, such material “was not viewed with the level of abhorrence it is in this country.”

Khadka claimed people in the refugee camp would watch child abuse videos in group settings, and sell them via memory cards for as little as $10. He initially told the court he joined the paedophile groups “for social reasons” before admitting he was sexually attracted to the content.

The court heard that Khadka told a psychologist he didn’t fully grasp the gravity of his actions, suggesting the material was “wrong… a little bit.”

This defense—and the judge’s acceptance of it—has sparked national outrage, with legal experts, victims’ advocates, and the public condemning the leniency as “disgraceful.”

Prominent abuse lawyer Andrew Carpenter, known as “SA’s paedophile hunter,” led the criticism online.

“It was only two weeks ago that the Attorney General stated, ‘this government will come down on the side of victims every day of the week,’” Carpenter wrote. “Yet here we are. The government still hasn’t done all they can to protect the most vulnerable.”

His post has since gone viral, with hundreds of Australians expressing disbelief.

“I don’t care where you are from—if you harm a child like this, you get maximum punishment,” one comment read. “This leniency is an absolute disgrace.”

Another added: “What kind of message does this send? Cultural background is not an excuse for exploiting children.”

Khadka’s sentence was only two months above the federally mandated minimum of five years, highlighting the narrow gap between mandatory and discretionary penalties in such cases.

He was arrested in February 2023 after a tip-off from the National Center for Missing and Exploited Children in the United States prompted a joint investigation by Australian authorities. That investigation ultimately revealed Khadka not only shared material but also ran the Telegram group where it was being circulated.

The case has now reignited debate over judicial discretion, minimum sentencing laws, and the consideration of cultural background in criminal sentencing.

Critics argue that Australia’s justice system must remain victim-focused, particularly in cases involving children, and warn that lenient sentences erode public trust.

“This isn’t just about one case,” a former police detective who worked in child protection told Daily Mail Australia. “It’s about setting a precedent that says ‘you’re less responsible because of where you’re from.’ That’s a dangerous message to send.”

Meanwhile, Khadka’s victims remain unidentified but are believed to be among the countless children exploited globally in the dark underworld of online abuse. Advocacy groups have called for more robust international cooperation to identify and rescue such victims, and for harsher penalties for those who fuel the trade.

With outrage growing and pressure mounting on lawmakers, the South Australian Attorney-General may now face calls to review the sentence or appeal the judge’s decision.

For now, Khadka will be eligible for release before his 33rd birthday—while the scars he helped inflict on child victims worldwide may never heal.