Department of Internal Affairs v Chadwick [2018] NZDC 20716

Published 12 September 2019

Sentencing — making material relating to child sexual abuse and exploitation — distributing material relating to child sexual abuse and exploitation — possessing material relating to child sexual abuse and exploitation — no tariff case — Robinson v Police [2017] NZHC 2655 — R v Zhu [2007] NZCA 470 — Webb v R [2016] NZHC 2966 — Films, Videos, Publications Classification Act 1993, s 132A. The defendant appeared for sentence on 11 charges of making, 6 charges of distributing, and 5 representative charges of possessing material relating to child sexual abuse and exploitation. He had on two laptops approximately 1300 images and videos depicting the sexual abuse and exploitation of girls. He had also sent six images to other online users and had made 11 objectionable images himself. More than 2000 deleted objectionable images and videos had been recovered from his electronic devices, suggesting offending going back to 2011. The material fell into categories A, B and C. Aggravating factors were abuse and exploitation of real children; major impact on victims; the duration of the offending (some 20 months); scale of offending; creating new original material; age and vulnerability of victims; premeditation and online behaviour; re-victimisation of some victims; very serious offending; and the defendant's persistent and enthusiastic offending and use of multiple identities. The defendant had previous convictions for similar offending in Australia. The Court set a start point of eight years imprisonment and added a one-year uplift for the previous offending. The Court applied a 25 percent discount for guilty plea, meaning a final sentence of six years nine months. Judgment Date: 3 October 2018.