New Zealand Police v Carter [2018] NZDC 2034

Published 16 April 2018

Intentionally making an intimate visual recording — possession of an objectionable publication — indecent assault — sentencing — whether defendant should be placed on the child sex offender register — Bell v R [2017] NZCA 90 — Johnston v Police [2017] NZHC 1718 — Bird v Police [2017] NZHC 1296 — Fowler v R [2017] NZDC 1892 — Goose v Police [2017] NZHC 2453 — Escott v R [2017] NZHC 2853 — Films Videos and Publications Classifications Act 1993, s 131A (1) — Child Protection (Child Sex Offender Registration) Act 2016. The defendant was sentenced in relation to offending against two victims. In respect of the first victim, the defendant secretly obtained images of her in the bathroom and edited the images. In respect of the second victim, the defendant partially undressed her and took intimate photographs of her. The court took into account that the defendant had no relevant previous convictions, was remorseful and had undertaken counselling. The defendant was sentenced to seven and a half months' home detention with special conditions placed on access to the internet. The issue then was whether or not the defendant's name should be placed on the child sex offender register. In declining to have his name added to the register, the court considered recent High Court and Court of Appeal decisions, the low level of offending, the age of the victim, the recency of the offending and other relevant factors. It was found that the defendant did not pose a sufficient risk to the lives or sexual safety of children and the court declined to place the defendant on the register. Judgment Date: 7 February 2018. * * * Note: names have been changed to comply with legal requirements. * * *