Published 28 April 2022
Sentencing — distributing objectionable publications — possessing objectionable publications — breaching release conditions — Films, Videos and Publications Classification Act 1993 — Sentencing Act 2002, ss 8 & 27 — R v Zhu [2007] NZCA 270 — Waugh v New Zealand Police HC Auckland CRI-2010-404-178, 15 October 2010 — Department of Internal Affairs v Stainger [2018] NZDC 1679. The defendant appeared for sentence on 13 charges: nine of possession of objectionable publications, three of distributing objectionable publications, and one of breaching release conditions. He had sent multiple sexually explicit images of children, including children being sexually abused. He also possessed images multiple images showing children being sexually exploited. The Court commented on the life-long damage that children suffer from being portrayed in such a way. The start point for sentence was five years' imprisonment on the distribution charges and two years' imprisonment on the possession charges. The defendant earned discounts for guilty plea, troubled upbringing, efforts at rehabilitation and remorse, for a final sentence of three years nine months. The Court declined to grant the defendant name suppression and made orders for destruction of images and devices. Judgment Date: 29 June 2021
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