Published 21 June 2019
Sentencing — importing objectionable publications — child pornography — child sex offenders register — R v Zhu [2007] NZCA 470 — Criminal Procedure (Mentally Impaired Persons) Act 2003. The defendant appeared for sentence having pleaded guilty to 12 charges: six of knowingly importing objectionable publications, one of supply and distribution of objectionable publications and four of possession without lawful authority or excuse objectionable publications. The objectionable publications depicted sexual exploitation of children. The offending can be broken into two events. The August 2017 offending, which concerned importation, exportation, supply and distribution; and the April 2018 offending, that refers to actively seeking further material on Facebook. The Judge compared the materials to the guideline affirmed by the Court of Appeal in R v Zhu and adopted a starting point of four years' imprisonment. The Judge then applied an uplift of three months for the defendant's prior convictions but offset that with a three month reduction for concerns as to his cognitive function. A full 25 percent discount was given for the defendant's early guilty plea, bringing the end sentence to three years' imprisonment. The defendant was also placed on the child sex offenders register. Judgment Date: 27 February 2019.
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