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R v Stewart [2023] NZDC 12706

Published 14 March 2024

Sentencing — blackmail — sexual exploitation of persons under 18. The defendant appeared for sentencing after pleading guilty on four charges of blackmail and four of sexual exploitation of persons under 18. There were six victims, and the offending consisted of the defendant contacting them via social media and persuading them to send him naked photographs of themselves. The defendant would then threaten to post the photos online unless the victims kept sending him photographs. The offending continued over three years. The start point for sentence was five years' imprisonment, uplifted by six months for prior offending. This total was reduced by 20 per cent for the defendant's guilty plea. A probation officer's report outlined the defendant's history of abuse and addiction problems. However the Court observed that the defendant had already had counselling to address these problems and had still continued to offend. Nevertheless the Court made a further 15 per cent reduction for personal factors, and a three per cent reduction for the measure of remorse that the defendant had shown. The total sentence was three years five months' imprisonment, with a minimum non-parole period of 50 per cent. Judgment Date: 19 May 2023.