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New Zealand Police v Greathead [2018] NZDC 22799

Published 23 May 2019

Sentencing — publishing intimate visual recordings — objectionable publications — distributing — hidden cameras — R v Patel [2016] NZHC 2260. The defendant appeared for sentence having pleaded guilty to 69 charges, including 51 charges of making intimate visual recordings, four charges of publishing intimate visual recordings, seven charges of knowingly making objectionable publications and seven charges of knowingly distributing objectionable publications. The defendant operated homestay accommodation via AirBnb and had planted hidden cameras enabling him to record 34 female victims as they got undressed and showered. 11 videos of the women were uploaded to a pornographic website, seven of which were objectionable in respect of the degrading commentary and images added to them. The videos were viewed thousands of time online. The Judge noted there is no tariff case in respect of this type of offending. The Judge relied on R v Patel and fixed a starting point of five and a half years for the objectionable publication charges. The Judge then uplifted a further 12 months on a totality assessment for the intimate visual recording charges. The defendant was granted a 10 percent discount for previous good character, no prior convictions and his co-operation with police, as well as a full 25 percent discount for an early guilty plea. The end sentence was four years and four months' imprisonment and an order was made for the destruction of any device relevant to the offending. Judgment Date: 30 October 2018.