Published 31 May 2019
Sentencing — possessing objectionable material — promoting and supporting extreme violence — promoting and supporting child exploitation — R v Nawarajan [2016] NZDC 11469. The defendant appeared for sentence on seven charges of knowingly possessing objectionable material, five of which promoted and supported extreme violence and two of which promoted and supported child exploitation. He had posted two videos to YouTube encouraging war and retaliation against those who kill Muslim people. A subsequent police raid revealed the defendant possessed 68 images or videos linked to ISIS, including 10 which showed war footage, terrorist propaganda or executions. He also had in his possession other ISIS-related publications which gave rise to more charges, as well as 219 images and videos showing child exploitation. The fact that the defendant not only possessed objectionable material but had also produced and posted two objectionable videos was a serious aggravating feature. The Court adopted an overall starting point of 21 months for the ISIS-related and child exploitation-related offending. The defendant's youth, first-time offending, Asperger's Syndrome, remorse, willingness to undergo counselling and treatment and guilty pleas were all mitigating factors, bringing the sentence down to 10 and a half months. The Court substituted a sentence of 6 months' community detention, along with two years' intensive supervision. Judgment Date: 23 April 2018.
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