Published 11 September 2023
Application for discharge — possessing objectionable material — Sentencing Act 2002, ss 106 & 107 — Films, Videos, and Publications Classification Act 1993, s 131 — Meyrick v Police CRI-2004-019-002619. The defendant appeared for sentence after pleading guilty to 10 charges of possessing objectionable material. An unknown person had emailed the defendant 508 videos and 178 images showing children being sexually abused and exploited. The defendant had not sought the images and did not want them, but nevertheless he kept them until his service provider suspended his account some three months later. In considering whether to discharge the defendant without conviction, the Court observed that he was a first-time offender and suffered from a mild intellectual disability as well as other developmental disorders. Further, the defendant was obligated to spend most of his time caring for his invalid mother. However despite the defendant's low culpability, the Court found that the images were so objectionable that it was unable to rule that the consequences of a conviction outweighed the gravity of the offence. The defendant was convicted and discharged. Note: on appeal to the High Court the appellant was granted a discharge without conviction. Judgment Date: 27 January 2023.
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