6 Sep 2024

West Coast child porn case sentencing delayed

4:37 pm on 6 September 2024

First published on Westport News

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Photo: Supplied / Ministry of Justice

A man who has admitted possessing more than two million child pornography files appeared for sentencing in the Westport District Court yesterday.

But sentencing was adjourned until December so the court could have all the relevant information.

The man, who has interim name suppression, pleaded guilty in March to five representative charges of possessing objectionable publications. The charges carry a maximum penalty of 10 years' imprisonment or a $50,000 fine.

In September 2022 police searched the man's home. They found six devices with 2,510,530 digital files, stored and deleted, of child exploitation material. Police estimated there were more files that couldn't be recovered.

The files found spanned from 2018 to 2022.

In court yesterday, Judge Deidre Orchard was concerned about important missing information, especially concerning the man's health.

She understood he had been diagnosed with stage four cancer but the court had not received any official written details about his condition, or his prognosis.

She said the state of his health was the only factor that would allow a judge to consider a sentence other than imprisonment. "I'm not saying I would - this is serious offending."

The man's lawyer Doug Taffs said his client had been referred to a clinical trial in Wellington, which he hoped to attend. Taffs suggested that

if sentenced, the man could serve his imprisonment near the city and still participate in the trial.

Judge Orchard said she would also need a guarantee he could be accepted into the trial, specialist information on whether the trial would improve his health, and whether he could participate if imprisoned.

She was also concerned about conflicting criminal history records. The man was previously convicted of similar offending in 1998 on six charges relating to child pornography, but it did not seem to be listed in his criminal history.

Judge Orchard said she had no choice but to adjourn sentencing until the relevant information could be considered.

She noted the man's name suppression would likely be lifted upon sentencing.

He will now be sentenced on 12 December.