The man, right, was found with more than 100,000 objectionable files on his devices. Photo / Katie Harris
The man, right, was found with more than 100,000 objectionable files on his devices. Photo / Katie Harris
An Auckland man found with more than 100,000 objectionable publications, including child and animal abuse files, has been sentenced to home detention and denied anonymity.
However, he has several more days of secrecy as he and his lawyer mull the prospect of appealing the judge’s decision.
The 29-year-oldwore brown boots, a suit jacket and jeans when he appeared before Auckland District Court Judge Simon Lance on Tuesday.
He faced two representative charges for knowingly possessing objectionable publications.
Each carries a maximum sentence of 10 years’ imprisonment.
According to the summary of facts, on May 20, 2022, and June 16, 2022, the defendant downloaded the objectionable publications.
Then, at 6.45am on July 7, 2022, a search warrant was executed at his address by the police child exploitation team.
The unit examined two hard drives and found 122,764 objectionable publications, made up of child abuse material, computer-generated objectionable material and adult objectionable material.
“The files were deemed to promote and support the sexual abuse of children ranging from infants to young females and males aged under 16 years, objectionable computer-generated and adult objectionable,” the summary said.
The Herald has chosen not to share further details of the offending.
Prosecutor Rewa Kendall said the content the man had downloaded spanned “all manner of objectionable publications”.
She accepted the man had had an isolated childhood and was exposed to pornography at an early age.
Kendall also acknowledged his efforts towards rehabilitation, including weekly psychology sessions.
She submitted that in all circumstances, an end sentence of imprisonment was the least restrictive the judge could impose.
The man posed an ongoing risk that could not be managed at home, she said.
The man, right, has six days to consider whether to appeal the suppression decision. Photo / Katie Harris
His lawyer, Adam Holland, said his client’s offending was distinguished from other similar cases as he had made two downloads over a month and soon after, police were at his home.
Holland told the court there was no evidence his client had curated the material or disseminated it, nor that he was part of a wider community interested in the content.
He spoke of the man’s poor mental health and his “really extensive and really impressive” efforts towards rehabilitation. This, he said, was the first time his client had been before the courts.
“He can get much more profound help in the community than he can in prison,” Holland submitted.
In sentencing the man, Judge Lance said he must denounce the man’s conduct in the “strongest possible terms”.
“There is harm caused by this type of offending.”
As a 26-year-old at the time, the man should have realised viewing young children in these situations was inappropriate and illegal.
“I’m not convinced yet that you are truly remorseful.”
Judge Lance said the man had said he was “straight but not the straightest” and was predominantly attracted to people aged between 13 and 40 years old.
“That doesn’t show much insight to me, being attracted to a 13-year-old is not appropriate, in fact, it’s illegal.”
He granted the man a 25% discount for his guilty plea and a 20% discount for his previous good character, mental health and rehabilitation.
This led to an overall reduction of 45%.
It meant the judge was able to consider a non-custodial sentence.
He sentenced the man to 11 months’ home detention and rejected his application for name suppression, but granted interim suppression for seven days for him to consider an appeal.
Judge Lance did not place the man on the child sex offender register.
Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.
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