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R v Graham [2022] NZDC 10237

Published 22 March 2023

Sentencing — possession of objectionable publications — distribution of objectionable publications — child pornography — encouraging others to offend — Department of Internal Affairs v Chadwick [2018] NZDC 20716 — Department of Internal Affairs v Urwin [2019] NZDC 16501 — Robinson v New Zealand Police [2017] NZHC 2655. The defendant was for sentence on six representative charges of possession of objectionable publications, and three representative charges of distribution of objectionable publications. The publications depicted the sexual exploitation and abuse of children. There were more than 9000 publications in total; the defendant had possessed around 3000 category A publications and had distributed over 2000 category A publications. The offending was aggravated by the extreme nature of the images, the fact that they depicted children, the young age and vulnerability of the children, and the duration (more than six years) and scale of the offending. The Court commented that the defendant had actively encouraged others to take an interest in the most extreme images. Further, the defendant had used photographs of a female former friend to create a fake social media profile to use in his offending. The Court characterised this action as a major abuse of trust. The start point for sentence was nine years' imprisonment. With discounts for the defendant's youth and guilty pleas, the final sentence was five years five months' imprisonment. Judgment Date: 2 June 2022.