Published 20 April 2023
Sentencing — causing harm by posting digital communications — threatening to injure — Harmful Digital Communications Act 2015 — Summary Offences Act 1981 — Sentencing Act 2002 — Brittin v Police [2017] NZHC 2410, [2018] 2 NZLR 147, (2017) 28 CRNZ 617. The defendant was for sentence on two charges of causing harm by posting digital communications and one of threatening to injure with intent to intimidate. There were three victims and the Court characterised the offending as serious and aggravated by being persistent and by including images. The Court also rejected the defendant's description of the offending as "business banter", stating that the defendant's conduct had in fact been calculated to cause serious harm. On the threatening charge, the Court ordered fines of $500, court costs of $130 and emotional harm reparations of $500. With regards to the first digital communications charge the Court imposed a fine of $1800, court costs of $130 and emotional harm reparations of $15,000. The Court imposed a fine of $1800 and court costs of $130 for the other digital communications charge, but ordered emotional harm reparations of $10,000 to the victim of that charge, reasoning that she was more robust than the other victim. Judgment Date: 8 June 2022.
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