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R v Fuller [2024] NZDC 6589

Published 11 September 2024

Sentencing — indecent assault on a young person — possession of objectionable material — knowingly making an objectionable publication — indecent communication with a young person — Sentencing Act 2002, s 8 — Films, Videos, and Publications Classification Act 1993, s 136 — Webb v R [2016] NZHC 2966 — Magill v R [2022] NZHC 2455 — Walsh v R [2016] NZHC 2747 — Robinson v Police [2017] NZHC 2656 — Department of Internal Affairs v Wise-Southwood [2018] NZDC 14232 — Department of Internal Affairs v Chadwick [2018] NZDC 20716. The defendant appeared for sentence on one charge of knowingly making an objectionable publication, one of indecent assault on a young person (representative), two of indecent communication with a young person, and three of possession of objectionable material (representative). Most of the offending occurred over a three-year period against one victim. The victim was in his early teens and the defendant was older by some 14 years. The defendant repeatedly coerced the victim to allow himself to be photographed naked or partially clothed, and also touched the victim's buttocks and genitals. The most serious incident occurred when the defendant attempted to masturbate the victim and perform oral sex on him. In separate and more-recent offending, the defendant was found in possession of 72 images showing child exploitation material. He had also messaged numerous other males under the age of 16 and obtained explicit photographs from two of them. He sent them explicit images in return, including photographs of the victim of his indecent assaults. The Court identified numerous aggravating features, including the significant breach of trust and the intense and intrusive nature of the offending in the case of the indecent assaults. The defendant had also re-traumatised this victim by sharing the images with others. The Court set an overall start point for all the offending of seven years' imprisonment, with an eight-month uplift for prior offending. In mitigation the defendant had pleaded guilty, and his personal circumstances meant that it would be particularly hard on him to serve a prison sentence. The final sentence was five years and five months' imprisonment. Judgment Date: 22 March 2024