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R v Beach [2018] NZDC 17553

Published 05 April 2019

Sentencing — sexual connection with a young person — contracting commercial sexual services with a person under 18 — sexual grooming — Films, Videos, and Publications Classifications Act 1993 — three strikes warning. The defendant appeared for sentencing for one charge of sexual grooming, six of sexual connection with a young person and one of contracting commercial sexual services from a person under the age of 18 years. Five of the eight charges are representative in nature. The defendant faced five charges of offending under the Films, Videos, And Publications Classifications Act. The defendant met the victim when she was 13 and obtained her cellphone number by paying for a credit top-up. The defendant then began messaging the victim, culminating in a request for two pairs of the victim's underwear, and those of her younger siblings. The defendant paid the victim money for the underwear. The defendant then asked to pay for sexual activity with the victim, and also asked for nude videos and photos. The sexual activity occurred over a three year period, with the defendant meeting the victim about 20 times. The offending included extensive degrading activity. The defendant paid for these encounters. Regarding the offending relating to images of child sexual abuse, the defendant was found to have 681 photos and videos meeting the definition of objectionable material, including images of sexual activity with very young children. The Judge considered submissions from the Crown and defence and reached a starting point of five and a half years’ imprisonment. The Judge considered the starting point for the objectionable images charges in the region of two years' imprisonment, but uplifted only one year to six and a half years, on account of the totality principles. The Judge also ordered the defendant to pay the victim $2000 in reparations, but provided a discount of 5 per cent in recognition of this. Finally, the Judge gave a discount of 19 per cent for the defendant's guilty plea, bringing the final sentence to five years' imprisonment. The defendant was sentenced to five years' imprisonment for each charge relating to the primary victim, to be served concurrently with terms of 15 months' imprisonment for the objectionable images. The defendant also received a three strikes warning, was added to the Child Sex Offenders’ Register, and his two phones and laptop were destroyed. Judgment Date: 22 August 2018.