Sex offender Wayne Smith argues 17-year jail term was too long

Sex offender Wayne Smith is arguing that his 17-year jail sentence is too long. Photo / Supplied

A 17-year jail sentence for a Christchurch sex offender who filmed himself abusing a girl aged under 10 was "beyond criticism", the Crown argued as the defence appealed the long jail term in the High Court.

Wayne Smith, who was the CEO of Christchurch transport technology company Connexionz, had appealed the Christchurch District Court judge's refusal to grant final name suppression, and the length of the jail term imposed at his sentencing.

However, the name suppression section of the appeal was withdrawn on Wednesday.

Justice Rob Osborne heard the appeal against the jail term today, and then reserved his decision saying that he needed "time to reflect". He expect to issue the decision in about two weeks.

Smith was jailed for a raft of child sex abuse charges, including repeatedly filming himself raping and abusing a girl aged under 10, often while she slept. In November, he admitted 38 charges, including abusing the girl and possessing a cache of at least 180,000 images of baby and child exploitation and bestiality.

He was convicted of five charges of raping a child and 33 other charges, including multiple counts of unlawful sexual connection, of performing an indecent act on a child, representative charges of making and possessing objectionable publications and a final charge of unlawful sexual conduct with a child outside of New Zealand.

A representative charge means police believe a person has committed multiple offences of the same type in similar circumstances.

Defence counsel Andrew McCormick said the sentencing judge in the Christchurch District Court, Judge Raoul Neave, had not taken "full regard to the landscape" of comparable cases.

In comparison with another case, McCormick said the elements of planning and premeditation in Smith's case was much less, though he accepted that the level of harm caused was "incalculable".

He also argued that Judge Neave had not given enough reduction for Smith's guilty pleas, accepting the Crown's argument that there should be less reduction because the Crown case was overwhelming.

Crown prosecutor Deirdre Elsmore said the judge's sentence was "unimpeachable". Judge Neave had focussed on a particularly disturbing element of the case which was Smith's use of technology and his filming of the abuse taking place. The impact on the complainant and her family had been enormous.