Published 11 July 2023
Sentencing — possessing objectionable publications — exporting objectionable publications — offender registration — name suppression — Criminal Procedure Act 2011, s 202 — Child Protection (Child Sex Offender Government Agency Registration) Act 2016, ss 16, 18 & 19 — M v New Zealand Customs Service [2021] NZHC 1402. The defendant was for sentence on one charge of possession of objectionable images and seven of exporting objectionable images. He had uploaded to an overseas social media platform 37 publications showing child sexual exploitation, and had also been found in possession of 94 publications showing child exploitation. Many of the images were in category A of the UK Sentencing Guidelines, as well images in Categories B and C. The start point for sentence was two years eight months' imprisonment. The defendant's guilty pleas and efforts of rehabilitation meant a final sentence of 10 months' home detention. The Court found that the defendant was at low risk of re-offending and therefore there was no need to register him as a child sex offender. Also, the Court declined to order final name suppression for the defendant. Judgment Date: 7 June 2022
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