R v Hine [2017] NZDC 23442

Published 20 July 2018

Possession of objectionable publications — knowingly making or copying objectionable publications — failure to carry out obligations in relation to a computer system search — Films, Videos and Publications Classification Act 1993 — Search and Surveillance Act 2012, s 178 — R v Zhu [2007] NZCA 470 — Tilyard v Police [2016] NZHC 1377. The defendant was sentenced in relation to the possession and distribution of child pornography. The defendant had also refused to provide police with passwords to access his electronic devices. The defendant had over 600,000 files, of which a large number were classified as objectionable materials. With reference to the volume of the offending, the court found that a sentence of home detention was not available to the defendant. The court took a starting point of three years and six months' imprisonment and made deductions for the defendant's previous good character and guilty plea. The defendant was sentenced to two years' and five months' imprisonment and an order was made for the destruction of the material and equipment seized. Judgment Date: 16 October 2017.