Published 07 March 2023
Sentencing — possessing objectionable publications — Films, Videos, and Publications Classification Act 1993, s 131 — Sentencing Act 2002, ss 106 & 107 — Z v R [2012] NZCA 599 — R v Zhu [2007] NZCA 470. The defendant appeared for sentencing on a representative charge of possessing objectionable publications with knowledge. He had created a cloud storage account and accessed material made available by another user, some of which depicted the sexual abuse and exploitation of very young children. The defendant saved six files to his own account on the platform, and retained them for up to three days. The Judge placed the gravity of the offending within category A of the UK Sentencing Advisory Board guidelines, and held that there were no mitigating features of the offending itself, emphasizing the seriousness of the offending and the consequences upon the unknown victims. The consequences of a conviction were found not to be out of all proportion to the gravity of the offending. The application for a discharge without conviction was declined and the start point for sentence was 12 months' imprisonment. The defendant earned discounts for his guilty plea, rehabilitation efforts and remorse, bringing the end sentence to one of nine months' supervision with 200 hours community work, alongside conditions that he attend programmes as directed by the probation officer. Judgment Date: 24 March 2022
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