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New Zealand Police v Donald [2019] NZDC 3020

Published 30 August 2019

Sentencing — knowingly possessing an objectionable publication contrary to the Films, Videos, and Publications Classification Act 1993 — child nudity, exploitation and abuse — bestiality — sexual violation of female children and teenagers — R v Zhu [2007] NZCA 470 — R v Clode [2008] NZCA 421. The defendant appeared for sentencing after pleading guilty to 11 charges of knowingly possessing an objectionable publication contrary to the Films, Videos, and Publications Classification Act 1993. Police found over 1200 videos and 31,000 files on the defendant's computers, hard drives and other electronic equipment. The objectionable publications in his possession involved the sexual exploitation and abuse of female children, bestiality and sadism. The Judge noted an estimate that more than 200 new child sexual abuse images are circulated daily on the internet, and that the number of sexual predators connected to the internet at any one time is estimated at around 750,000 people. Demand for this kind of material results in a continuing cycle of sexually abused victims and demands for new victims, so any sexual offence involving a child is clearly horrific and clearly contrary to everything that is deemed to be decent by the public. Clearly by photographing, filming or distributing images and movies of the abuse, the victim who has been involved in that activity is victimised every time the images are viewed on the internet and that is a burden that they carry for the rest of their lives. Based on the premeditation, long period of offending, the content of the publications and the strong need for deterrence, the Judge decided the appropriate starting sentence was three years' imprisonment. A five per cent discount was given for the defendant's personal circumstances and genuine remorse. A 25 per cent reduction was given for early guilty plea, resulting in a sentence of two years and one months' imprisonment. There was also an order for the destruction of the objectionable material. Judgment Date: 20 February 2019.