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R v Brady [2018] NZDC 3444

Published 15 January 2019

Sentencing — possessing objectionable photographs — objectionable recording — indecent assault — assault — name suppression. The defendant faced sentence having pleaded guilty to four charges of possessing objectionable photographs, one of making an objectionable recording of an indecent assault on a child, one of indecent assault on a child, and one of assault on a child. As the victims in the latter three charges were the defendant's children, the court made an order suppressing the defendant's name and identifying details. The court stated that it made the order solely to protect the children. The court pointed out that the defendant had created an environment in which he used physical violence to ensure his children were compliant with his wishes. Therefore the children were particularly vulnerable. Aggravating features of the offending included that it sexualised the defendant's daughter, which was a serious breach of trust and likely to have long-lasting effects on the victim. The recording of the sexual assault was likely to increase her humiliation. The court adopted a starting point of four years' imprisonment, with a 25 per cent discount for plea. The total sentence was three years' imprisonment. The defendant was registered under the Child Sex Offender register. Judgment Date: 22 February 2018. * * * Note: names have been changed to comply with legal requirements. * * *