New Zealand Case Law: Decisions & Judgments

Topic

Possession of objectionable publications

Legal area

Court

30 Nov 2022

GOODLEY v NEW ZEALAND POLICE [2022] NZHC 3174

Citation

[2022] NZHC 3174
Court

High Court

The District Court did not err in refusing a discharge without conviction because the gravity of possession of 22 objectionable publications depicting penetrative and non‑penetrative sexual activity involving children, together with the appellant's engagement with the material, meant the direct and indirect consequences of conviction were not out of all proportion to the offence; however the sentencing starting point of two years was excessive and, after reducing the starting point to 18 months and allowing discounts for early plea, good character and psychological factors, the appropriate se…
12 Jul 2022

SNELL v R [2022] NZHC 1627

Citation

[2022] NZHC 1627
Court

High Court

The High Court upheld that a four year starting point for the appellant's possession and importation offending was within the correct post‑2015 range given the mix and seriousness of Category A and B material, the number of video files, offence period and aggravating features under s132A; however a further five percent discount for substantial voluntary rehabilitative work was justified, reducing the global sentence to two years and two months' imprisonment, and the appeal was allowed to substitute that sentence.
15 Dec 2021

DELIWALA-GEDARA v R [2021] NZCA 688

Citation

[2021] NZCA 688
Court

Court of Appeal

The OFLC reports were not "purely formal" because they described substantive content relevant to the knowledge element, but admission under the residual interests of justice limb of s98(3)(d) was warranted because showing videos in court was undesirable, the content was not seriously disputed, no realistic prospect existed that the defence would have been run differently, and admission did not create a real risk of miscarriage of justice; accordingly the conviction stands.
2 Dec 2021

R v BROWNE [2021] NZHC 3286

Citation

[2021] NZHC 3286
Court

High Court

Court adopted a starting point of 4 years for the lead sexual violation charge, applied an uplift of 6 years for the pattern, scale and premeditation of additional indecency offences to reach a global starting point of 10 years, then applied a 35% total personal mitigation discount (25% guilty plea, 5% age/disability, 5% restorative justice) producing an effective sentence of 6.5 years' imprisonment on the sexual/offence charges and a concurrent 12 months for possession of objectionable material; ordered placement on the Child Sex Offender Register and publication restrictions for victims.
5 Nov 2021

PENGELLY & BRADLEY v NZ POLICE & NZ POLICE v PENGELLY & BRADLEY [2021] NZHC 2974

Citation

[2021] NZHC 2974
Court

High Court

The District Court erred in selecting a starting point of four years three months given the extreme nature and volume of category A material; an appropriate starting point was in the region of six to seven years; after lawful discounts the appropriate concurrent sentences are 4 years imprisonment for Pengelly and 3 years 5 months imprisonment for Bradley; the Police appeal is allowed and the District Court sentences are quashed; Bradley's appeal is dismissed.
21 Sept 2021

JOHNSON v DEPARTMENT OF INTERNAL AFFAIRS [2021] NZHC 2480

Citation

[2021] NZHC 2480
Court

High Court

The High Court held the seven year starting point was not an error and was within the available range given the substantial volume, prevalence of category A and sadistic material, organisation, curation across devices, and prolonged engagement demonstrating premeditation and high culpability, therefore the sentence of four years and six months (after discounts) was not manifestly excessive.
19 Mar 2021

DELIWALA-GEDARA v R [2021] NZHC 570

Citation

[2021] NZHC 570
Court

High Court

Even if the DVD interview was obtained in relation to offences not specifically cautioned, the breach was technical and not in bad faith and exclusion would be disproportionate under Evidence Act s30; the OFLC classification reports were admissible after close as largely formal and/or in the interests of justice under s98; and on the totality of the evidence (sole control of a password‑protected laptop, admissions of downloading, folder names and evidence that other files in the same folder were viewed) it was open to infer the appellant viewed or at least had reasonable grounds to believe th…
11 Nov 2019

W v NEW ZEALAND POLICE [2019] NZHC 2933

Citation

[2019] NZHC 2933
Court

High Court

The High Court found the District Court's limited mitigation discount produced a manifestly excessive final sentence; increasing the total discount to 20% reduced the uplifted global starting point such that after guilty plea credit the notional end sentence was 24 months which allowed non‑custodial options; the court substituted an end sentence of eight months' home detention (taking into account 4 months already served) and held registration on the Child Sex Offender Register appropriate.
13 Mar 2019

PATTISON v NEW ZEALAND POLICE [2019] NZCA 48

Citation

[2019] NZCA 48
Court

Court of Appeal

Leave to bring a second appeal was declined because the proposed appeal did not raise a matter of general or public importance and there was no risk of miscarriage of justice; the substituted sentence was not manifestly excessive when compared to relevant starting point authorities (between Tilyard and Robinson).
22 Aug 2018

PATTISON v POLICE [2018] NZHC 2163

Citation

[2018] NZHC 2163
Court

High Court

Court held Judge erred by including adult bestiality images among child pornography counts which exaggerated gravity but the lead starting point of three years and six months for distribution was within range; a 12 month uplift for possession was appropriate giving a global starting point of four years six months, and after discounts (three months for previous good character and 20% for guilty pleas) the correct sentence is three years and five months imprisonment; the original sentence of four years two months was manifestly excessive and substituted accordingly.