Sentencing — causing harm by posting digital communications — offensive use of a telephone — explicit sexual statements — Snapchat — discharge without conviction — Sentencing Act 2002, ss 106 & 107 — R v Hughes [2008] NZCA 546 — Blythe v R [2011] NZCA 190 — Z v R [2013] NZAR 142 — Iosefa v Police HC Christchurch CIV-2005-409-64, 21 April 2005. The defendant appeared for sentence after pleading guilty to two charges of causing harm by posting digital communications and two of offensive use of a telephone. He had sent via Snapchat pictures of his genitals to two victims, and made sexually explicit phone-calls to two others. The defendant made an application under s 106 of the Sentencing Act for a discharge without conviction, pointing to his participation in restorative justice, his young age, and his lack of prior convictions. Further, the Court noted, the victims had not suffered serious harm and the defendant had had a difficult upbringing that meant he had trouble properly developing relationships. The Court found that the consequences of a conviction would outweigh the gravity of the offending, and ordered that the defendant be discharged without a conviction. Judgment Date: 29 January 2021 * * * Note: names have been changed to comply with legal requirements. * * *