R v Imran Patel [2016] NZDC 11454

Published 20 September 2016

Objectionable material — Films, Videos and Publication Classification Act 1993, ss 131A and 124 — Sentencing Act 2002, s 8. The defendant was sentenced to three years and nine months’ imprisonment for the making, possession and distribution of, objectionable publications. The publications involved extreme violence, and this case was the first of its kind in New Zealand. Accordingly, sentencing was carried out on a first principles basis from the application of the purposes and principles of the Sentencing Act 2002. Deterrence was a relevant sentencing principle considering the extreme nature of the publications. Aggravating factors were the number of publications, the copying of the material onto devices for distribution, as well as the number of people distributed to. A 25 per cent reduction was given for guilty plea. Judgment Date: 23 June 2016. * * * Note: names have been changed to comply with legal requirements. * * *