NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2025-404-099
[2025] NZHC 1475
BETWEEN ZOEB ALI
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 3 June 2025 Counsel:
F G Qaisarani for appellant A L Chan for respondent
Judgment:
6 June 2025
Reissued:
10 June 2025
JUDGMENT OF JOHNSTONE J
(appeal against sentence)
This judgment was delivered by me on 6 June 2025 at 2.30 pm
Registrar/Deputy Registrar
Solicitors:
Kayes Fletcher Walker, Auckland
ALI v POLICE [2025] NZHC 1475 [6 June 2025]
[1] Zoeb Ahsan Ali pleaded guilty to charges alleging that he communicated with a young person intending to facilitate sexual conduct1 and intentionally exposed a young person to indecent material.2 He was sentenced in the District Court at Pukekohe to a term of 16 months’ imprisonment.
[2] Mr Ali appeals against that sentence. He says that its term was excessive, and that he should have been sentenced to home detention or community work.
[3] I must allow the appeal if satisfied that for any reason there is an error in the sentence imposed and a different sentence should be imposed.3
Mr Ali’s offending
[4] At the age of 45, Mr Ali sent a series of electronic messages to a young woman. He asked how old she was and what she did. She wrote she was 14 and went to school.
[5] Mr Ali observed he was too old to chat with the young woman. But then he asked what the craziest thing she or her sister could do for him, adding her sister was “hot” and promising some gift he would like to give her, were she not too young. The young woman responded, comparing him to a “sugar daddy” and advising that as long as she got drinks she was “all good”.
[6] Mr Ali asked what the young woman would do for small amounts of cash. She indicated she had not performed oral sex before, but would be okay with that activity and full sexual intercourse on certain conditions. The messages continued, incorporating role play based on a theme Mr Ali suggested. The communications also included a video call, during which Mr Ali showed himself masturbating.
[7] At around 8.15 pm on 29 December 2023, Mr Ali arrived at the young woman’s home. She had suggested that he might tell her parents that he was a friend’s father. Her brother saw Mr Ali hug the young woman, and hand over $10 in cash and a bottle
1 Crimes Act 1961, s 131AB, titled “Grooming for sexual conduct with young person”. Maximum penalty: three years’ imprisonment.
2 Crimes Act 1961, s 124A, titled “Indecent communication with young person under 16”. Maximum penalty: three years’ imprisonment.
3 Criminal Procedure Act 2011, s 250.
of perfume. The brother alerted their parents, who gained access to the above electronic messages…
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CaseChat Overview and Summary
This appeal involved the review of a sentence imposed in the District Court for communicating with a young person intending to facilitate sexual conduct, and exposing a young person to indecent material. The High Court allowed the appeal, finding that the District Court Judge’s starting point was excessive and erred in not commuting the sentence to one of home detention. The High Court imposed a sentence of three and a half months’ home detention, and made a registration order under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
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