A 76-year-old man, who has been released on home detention after five months in jail on child porn charges, has been warned that he risks being sent back to prison if there is any further offending.
Edward Kent, of Opawa, Christchurch, was jailed in the District Court on 27 charges
of possessing or distributing objectionable material under the Films, Videos and Objectionable Publications Act involving two separate incidents.
He was first interviewed in November 2007 following a tip-off from Interpol to the Department of Internal Affairs.
During a search of his home, active files featuring sexual exploitation of children were found on his computer.
He faced 15 possession charges and nine distribution charges, relating to file sharing.
Justice Lester Chisholm said in the High Court at Christchurch that Kent was re-interviewed in October last year.
"It was found that he had purchased a new computer and that further offending had occurred," the judge said.
He faced a further two charges of possession and one of distributing, as a result.
All the charges were admitted.
Justice Chisholm said that the District Court erred in discarding home detention as a punishment in this case.
Kent, who suffered from heart problems, had no previous convictions.
The judge quashed the two-year sentence and imposed four months' home detention, after taking into account that Kent had been in jail since April 29.
Kent was told he had to attend any counselling ordered by the probation service and was not to have any computers at home.
He was also told to allow police or the probation service entry to make random checks at any time.
"As (the appellant) must now realise, his offending is extremely serious, particularly the offending that occurred after the search warrant was executed.
"If there is a breach of any of these conditions it is likely that he would return to prison," the judge said.
- NZPA
