Published 16 November 2023
Sentencing — possession of objectionable material — intimate visual recording — burglary — Crimes Act 1961, s 216H — Films, Video and Publications Classification Act 1993, s 131A — Sentencing Act 2002 ss, 7, 8, 27 & 132A — Snell v R [2022] NZHC 1627 — R v Zhu [2007] NZCA 470 — Ibbetson v R [2011] NZCA 228 — R v Ford [2008] NZCA 64 — Kelly v Police [2014] NZHC 3168 — SNP v Police HC Rotorua CRI-2011-463-7, 8 March 2011 — Keil v R [2017] NZCA 563. The defendant appeared for the charges of four counts of possession of objectionable material, six charges of making intimate visual recordings and a charge of burglary. The defendant had entered the underaged victim's property and took intimate visual recordings of the victim showering. On the fourth time, he was caught by the victim. The defendant was arrested and his cellphone was seized. Multiple images and videos were found on the defendant's phone of intimate visual recordings of underage girls. The defendant also made recordings of his elderly flatmate and of other females in grocery stores. The defendant had prior offending and was convicted of making an intimate visual recording. The Court acknowledged that the defendant was sexually assaulted as a teenager and had been exposed to serious family violence and mental health issues. The Court accepted that the defendant's interest in intimate material adds demand for that content and a subject of one of the videos included a very young child. The start point for all the offences was four years imprisonment. Discounts were given for a guilty plea and for cultural and background issues. The aggravating factors included the burglary for the purpose of taking the video of the victim, the planning and premeditation and the defendant stopped because he was caught. The end sentence was two years and four months' imprisonment. An order was made for the destruction of the objectionable material and for the cell phones. Judgment Date: 22 May 2023.
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