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New Zealand Customs Service v Hellewell [2021] NZDC 8426

Published 28 April 2022

Sentencing — participating in an organised criminal group — distribution of objectionable publications — child pornography — sexual exploitation of children — Films, Videos, and Publications Classification Act 1993, ss 124, 131, 132A & 390 — Crimes Act 1961, s 98A(1) — Sentencing Act 2002, ss 7, 8 & 9 — Patel v R [2017] NZCA 234. The defendant appeared for sentence on representative charges of participating in an organised criminal group and distribution of objectionable publications. He had been a member of several online groups that distributed and shared objectionable publications depicting the sexual exploitation of children. The defendant had played an administrative role in two of these groups, meaning that he had the power to do things like promote, ban or un-ban group members. Within the groups he had contributed to and encouraged the commission of offences and engaged in criminal activity by distributing objectionable publications. The Court took into account that the defendant had been in possession of a large number of objectionable publications, that the publications included the most serious type of objectionable material, that the material was distributed to others, and that the defendant played a senior role in two of the groups. Also the offending was planned and premeditated. The start point for sentence was five years imprisonment, uplifted by four months for repeat offending. With a discount for guilty plea, the final sentence was four years' imprisonment. Judgment Date: 4 May 2021