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New Zealand Police v Carr [2018] NZDC 15609

Published 03 September 2019

Sentencing — causing harm by posting a digital communication — intimidation by threat to injure — intimate photographs — Summary Offences Act 1981— Harmful Digital Communications Act 2015 — Sentencing Act 2002, s 16 — Brittin v Police [2017] NZHC 2410 — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607. The defendant appeared for sentence after pleading guilty to one charge each of causing harm by posting a digital communication and intimidating the victim by threatening to injure. The defendant had posted intimate photographs of the victim on social media, accompanied by insulting and humiliating text. He also sent her threatening messages. The Judge referred to case law involving similar offending and adopted a starting point of 12 months' imprisonment. This was reduced by three months to account for the defendant's early guilty plea. As the sentence was under 24 months' imprisonment, there was the option to convert it to a sentence of home detention, which the Judge did, making a final sentence of four months' home detention, along with 150 hours' of community work. Before the defendant's phone was to be returned, the Judge ordered any photographs of the victim were to be deleted. Further, all photographs of the victim were to be deleted from the defendant's social media account. Judgment Date: 27 July 2018.