28 Feb 2023
GORDON-STABLES v R [2023] NZHC 345
- Citation
- [2023] NZHC 345
- Court
- High Court
The District Court judge erred by focusing on the general abhorrence of child exploitation material rather than the specific circumstances and low gravity of the appellant's offending; given the appellant's health, cognitive limitations, lack of prior convictions, low culpability, and real risk that conviction would bar employment and independence, the consequences of conviction were out of proportion to the offence and a discharge without conviction was required.