26 Sept 2016
PATEL v NEW ZEALAND POLICE [2016] NZHC 2260
- Citation
- [2016] NZHC 2260
- Court
- High Court
The court held that offences under s3(2)(f) depicting extreme violence can draw limited guidance from the gravest child pornography cases but no internal statutory hierarchy exists within s3(2); assessment of culpability must consider nature of material, extent of copying and distribution, and offender's antecedents. Applying that framework the appropriate starting point was four years, a one year uplift for recent violent prior convictions was justified, and after a 25% discount for an early guilty plea the effective sentence of three years nine months was within the available range and not…