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R v Allen [2018] NZDC 489

Published 23 November 2018

Possession of objectionable child exploitation material — supplying objectionable publication to another person — Category A, B and C images — sentencing. The defendant faced sentence in relation to charges of possession of objectionable images or videos of child exploitation material, and for supplying an objectionable publication to another person. The offending involved six Category A images, the most serious category, as well as a substantial amount of less serious material. The Judge reviewed the relevant authorities relating to sentencing in similar cases, some of which had been decided prior to Parliament's increasing sentences for the type of charges the defendant faced. The offending was serious, being premeditated and involving a large quantity of material and vulnerable victims. Given the varying amounts of material of different categories of seriousness, and the fact that the most serious material was distributed, the Judge adopted a starting point of five years' imprisonment. Following discounts for the defendant's prompt guilty plea, remorse and cooperation with the authorities, the Judge sentenced the defendant to three years six months' imprisonment on the distribution charges and to two years' imprisonment on the possession charges, to be served concurrently. Judgment Date: 15 January 2018.