Published 23 October 2024
Sentencing — making objectionable publication — publishing or distributing threatening or insulting material — inciting hate — racial hatred — Human Rights Act 1993, s 131 — Films, Videos, and Publications Classification Act 1993. The defendant was to be sentenced on charges of making an objectionable publication, and publishing or distributing threatening or insulting material. He had made a video that incited hatred against Māori people. The Court observed that the defendant had lived a life of isolation and had become influenced by material that he had found on the internet. A sentencing indication had shown a sentencing start point of two years' imprisonment. From the start point there were reductions for guilty plea, cooperation with police, psychological factors, and lack of prior convictions. In the circumstances the Court found that it would be more beneficial to offer the defendant rehabilitation than to send him to prison. This could be achieved through home detention, but the Court considered that the maximum home detention sentence was required given the seriousness of the harm that the defendant's offending could have caused. Therefore the final sentence was 12 months' home detention and 300 hours' community work. Judgment Date: 22 April 2022
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