Sentencing — blackmail — discharge without conviction — name suppression — Sentencing Act 2002, s 106 — Z (CA447/12) v R [2012] NZCA 599 — Blythe v R [2011] NZCA 190, [2011] 2 NZLR 620 — R v Hughes [2008] NZCA 546, [2009] 3 NZLR 222. The defendant was for sentence on a charge of blackmail, and sought a discharge without conviction. The victim of the offending was the defendant's husband's ex-boss. The defendant's husband was made redundant, and subsequently brought defamation proceedings against the victim. While trying to reach a settlement, the defendant contacted the victim's lawyer and said that if they were unable to resolve the matter, the defendant would send to the victim's employer compromising video footage of the victim. The defendant's husband abandoned the defamation proceedings shortly afterwards. However the proceedings, as well as the threats from the defendant, had a serious emotional impact on the victim. The Court considered the offending to be moderately serious, especially given that the defendant did not actually have the video footage that was the basis of her threats. Further, the defendant had previous convictions for forgery. The defendant was unable to show that the consequences of a conviction would be out of all proportion to the gravity of the offending. The Court declined the applications for discharge without conviction and name suppression, and sentenced the defendant to five months' community detention and payment of $4000 in emotional harm reparations. Judgment Date: 29 June 2022