R v D [2018] NZDC 7190

Published 16 April 2019

Sentencing — sexual violation — making intimate video recording — making objectionable publication — R v AM [2010] NZCA 114, [2010] 2 NZLR 750. The defendant appeared for sentence after pleading guilty to one charge of sexual violation, two of making an intimate video recording, and six of making an objectionable publication. He had used his cellphone to film two young girls whose household he lived in. The films included close up shots of their genitalia as well as other parts of their bodies, and had been made while the girls were asleep or otherwise unaware of what was going on. The offending included limited digital penetration of one of the girls. The defendant blamed the offending on his drug use. The Court found that the offending involved some degree of planning and premeditation, as well as a gross breach of trust and vulnerable victims. The girls' mother had borne most of the harm of the offending. The start point for sentence was three and a half years. Taking into account other factors including filming, making an objectionable publication and lack of genuine remorse or awareness, the final sentence was three years and seven months. The defendant was added to the Child Sex Register. Judgment Date: 13 April 2018. * * * Note: names have been changed to comply with legal requirements. * * *