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R v Arps [2019] NZDC 11547

Published 19 July 2019

Sentencing — Christchurch terror attack — Mosque shooting — video distribution — video modification — cruel and callous behaviour — hate crime — social media — sentencing indication — denunciation — Films, Videos and Publications Classification Act 1993 — Sentencing Act 2002, s 9 — Patel v R [2017] NZCA 234 — R v S [2018] NZHC 2465. The defendant appeared for sentence having pleaded guilty to two charges laid under the Films, Videos and Publications Classification Act. The charges relate to a live streamed video of the Christchurch terror attack that killed 51 people and injured many more. The defendant was sent an electronic copy of the objectionable video, which he subsequently sent to another unknown person and instructed that person to modify the video to include "crosshairs" and a "kill count". In another series of messages, the defendant distributed the unmodified video to approximately 30 or so associates. The defendant accepted an earlier sentencing indication from the Judge. It indicated a starting point of two and a half years' imprisonment, reflecting the seriousness of the offending, the defendant's culpability and prior case law. As indicated, the Judge granted a reduction of two months given that the sentence may be served in a secure unit, and a further seven months for the defendant's guilty plea. The Judge ruled out the possibility of home detention and sentenced the defendant to 21 months' imprisonment, with special conditions. Judgment Date: 18 June 2019.