Published 21 February 2023
Sentencing — name suppression — child pornography — objectionable material — videos — Criminal Procedure Act 2011, s 5 — Films, Videos and Publications Classifications Act 1993, s 3 — Child Protection Act 2014 — Sentencing Act 2002, ss 106 & 107 — R v Hughes [2006] NZCA 546 — R v Zhu [2007] NZCA 470 — Police v L [2015] NZHC 455 — Tuisila v Police [2012] NZHC 3416 — Department of internal Affairs v Gonzales [2022] NZDC 6125. The defendant appeared for sentencing for possessing objectionable material depicting the sexual exploitation of children. He applied for permanent name suppression. The defendant received a collection of materials through his Cloud. His collection contained over 500 images and videos of the sexual abuse of children. The file was sent by another user and the defendant downloaded it without knowing that it was child pornography. After seeing the content, the defendant said that he was shocked, deleted the app and did not access the material again. The material remained in the Cloud. This was on the lower end of offending as the defendant did not seek out the material and only engaged with possession. The application for a discharge without conviction was upheld. Publication would cause extreme hardship; therefore, name suppression was granted due to the impacts on the defendant's prospects of employment, potential damage to his mental health, and his young age. Judgment Date: 9 May 2022. * * * Note: names have been changed to comply with legal requirements. * * *
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