Published 28 May 2024
Sentencing — exportation of objectionable publication — distributing objectionable publication — importation of objectionable publication — possessing objectionable publication — child sexual exploitation material — Films, Videos, and Publications Classification Act 1993 — Customs and Excise Act 2018 — Guidelines on Child Pornography Offending — R v Zhu [2007] NZCA 470 — Pattison v Police [2018] NZHC 2163 — Robinson v New Zealand Police [2017] NZHC 2655 — Smith v R [2022] NZHC 46 — D (SC 31/2019) v New Zealand Police [2021] NZSC 2. The defendant appeared for sentence on three charges each of exporting an objectionable publication and distributing an objectionable publication, and one each of importing an objectionable publication and possessing an objectionable publication. He had been found in possession of 566 images showing sexual exploitation of children, albeit 559 of them had been deleted. He had previously uploaded nine objectionable images to a social media application and had distributed them via a group chat. The defendant's images fell into all three categories of seriousness as established by the UK Guidelines. The start point for sentence was three years six months' imprisonment. Discounts for guilty plea, remorse, background factors and efforts at rehabilitation meant a final sentence of 11 months two weeks' home detention. The defendant had been assessed as a low risk of re-offending, and the Court found it unnecessary to add him to the Sex Offenders Register. Judgment Date: 7 February 2024
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