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New Zealand Police v Benjamin [2019] NZDC 24369

Published 15 February 2022

Sentencing — threatening to kill — Muslims — Christchurch terror attack — non-association order — far-right extremism — racism — previous offending. The defendant appeared for sentence on one charge of threatening to kill. In the wake of the Christchurch terror attack that killed 51 Muslim people, the defendant had written posts on Facebook lamenting that 50 deaths was not high enough, asking if anyone had access to an ak-47 gun and whether anyone wanted to join him in "a mission". The defendant was assessed as having a medium risk of reoffending and had a prior conviction for unlawful possession of a grenade. The Judge adopted a starting sentence of 12 months' imprisonment which was commuted to five months' home detention to allow the defendant to keep his employment and undertake rehabilitative programmes. He was also ordered not to associate with individuals or groups known to advocate far-right extremism or racism. Judgment Date: 3 December 2019.