R v Tamihana [2016] NZDC 6749

Published 10 October 2016

Harmful Digital Communications Act 2015, s 22 — sentencing — Sentencing Act 2002. The defendant was sentenced to 11 months’ imprisonment on a charge laid under the Harmful Digital Communications Act. The offence fell under s 22 of the Act as the defendant had posted a digital communication that caused harm to the complainant and would have caused harm to any ordinary person in the complainant’s position. The Judge considered the defendant’s action in posting a sexual video of the defendant’s ex-partner to her mother to be a cowardly and sinister attack. Relevant sentencing considerations were the extent of harm to the victim, denunciation, deterrence and protection of the public. Judgment Date: 18 April 2016.