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New Zealand Police v Garlick [2019] NZDC 2046

Published 22 August 2019

Sentencing — possession of objectionable publications — child exploitation — bestiality — possession of cannabis — online disinhibition effect — Tilyard v Police [2016] NZHC 1377 — Robinson v Police [2017] NZHC 2655 — R v Cardwell [2017] NZDC 10368 — Films, Videos, Publications, Classification Act 1993. The defendant appeared for sentence on 13 charges of possession of objectionable publications, ten of the charges involving child exploitation material. Police had found more than 1500 files in his possession, and more than 500 of them involving child sexualised posing. The investigation showed that the defendant frequently accessed the images. He had little insight into his offending and showed very little remorse. The Court set a start point of two and a half years' imprisonment, and applied discounts of 25 per cent for early guilty plea and 15 per cent for personal factors. This reduced the sentence to 19 months' imprisonment, and the Court found it inappropriate to impose a sentence of home detention as this would not adequately denounce and deter this type of offending. The Court set a sentence of 19 months' imprisonment and added release conditions. Judgment Date: 4 February 2019.