Published 09 July 2021
Sentencing — distributing objectionable publications — exporting objectionable publication — name suppression — registration order — Child Protection (Child Sex Offender Government Agency Registration) Act 2016, s 9 — D v NZ Police [2021] NZSC 1, [2021] NZSC 2 — X v R [2020] NZCA 387. The defendant appeared for sentence on a representative charge of distributing objectionable publications and a charge of exporting an objectionable publication. The Court had previously given a sentencing indication showing a start point of three years' imprisonment, with mitigating features reducing the sentence to one of home detention. The main issues for the Court at sentencing were whether to grant the defendant name suppression, and whether to make him subject to a registration order. On the first issue the Court considered the likelihood of extreme hardship that publication of the defendant's name could cause his family, and also the tendency of social media to spread inaccurate, unfair and humiliating information. The Court found that publication would cause extreme hardship to others, and granted final name suppression. On the issue of whether to impose a registration order, the Court observed that the defendant had strong support from his family and employer, was remorseful, was willing to address his offending and to go to counselling. Given these factors, the Court found that registration was not warranted. The final sentence was eight months' home detention with special conditions. Judgment Date: 12 February 2021. * * * Note: names have been changed to comply with legal requirements. * * *
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