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New Zealand Police v Charlton [2018] NZDC 2450

Published 04 September 2018

Intentionally exposing a person under the age of 16 to child pornography — impersonating police officer — sentencing — name suppression — young offender. The defendant appeared for sentencing on two charges. The first charge related to the victim being asked to send photographs of herself in swimwear whilst in a changing room at a public pool. The defendant became insistent on their being younger girls in the background of these images. The second charge related to the defendant sending a message to a second individual claiming to be a police officer with the intention of having that person leave him alone. The court noted that the defendant's willingness to discuss his complicated background and reasons for offending with someone provided hope that the offending could be addressed. The defendant was sentenced to intensive supervision under which he was required to complete the WellStop programme, noting the defendant's young age, supportive environment and desire to change. The defendant was granted name suppression with reference to the fact that, had the offending taken place a short time earlier, he would have been entitled to automatic name suppression in the Youth Court, and that his rehabilitation could be seriously affected by the publication of his name. An order for name suppression was made under s 200 of the Criminal Procedure Act. Judgment Date: 9 February 2018. * * * Note: names have been changed to comply with legal requirements. * * *