IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2023-485-061
[2023] NZHC 3765
BETWEEN LOU-AN CROUS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 19 October 2023 Appearances:
V C Nisbet and E T Blincoe for the Appellant V E Squires for the Respondent
Judgment:
18 December 2023
JUDGMENT OF PALMER J
Counsel/Solicitors
V C Nisbet, Barrister, Wellington
Luke Cunningham & Clere, Crown Solicitor, Wellington
CROUS v POLICE [2023] NZHC 3765 [18 December 2023]
What happened?
The offending
[1] On 19 September 2018, when he was unemployed, Mr Lou-An Crous, aged 33, accessed a sub-folder of 55 files, labelled “baby” on the MegaUpload cloud storage service. Apart from one, all the files depicted sexual abuse and exploitation of very young children, some less than one year old. He downloaded four of the videos to his own account. That gave rise to a search warrant which was executed on 15 September 2022. Mr Crous was found to be in possession of 134 videos depicting penetrative and non-penetrative sexual abuse and exploitation of pre-pubescent children. He had saved these videos to his desktop and phone and accessed them on multiple occasions.
The charges
[2] Mr Crous was charged with 24 offences of possessing objectionable publications knowing, or having reasonable cause to believe, they were objectionable.1 Each offence is punishable by a maximum penalty of 10 years’ imprisonment or a fine of $50,000. Mr Crous cooperated with the Police, told them where his devices were and what the passwords were, and consented to the Police accessing his social media accounts. He accepted that what he had done was wrong and he could not justify it. He said he was going through a tough time and found himself going down a rabbit hole, but he knew that was not an excuse and knew what he did was wrong. He has no previous convictions. Mr Crous pleaded guilty to the charges.
The documents
[3]Several documents were available to the Judge at sentencing:
(a)Mr Crous wrote a letter of remorse to the sentencing Judge.
(b)His partner of eight years wrote a letter expressing her support of him.
1 Films, Videos and Publications Classification Act 1993, s 131A.
(c)In his psychiatric report, Dr Justin Barry-Walsh, considered Mr Crous was remorseful and willing to engage in rehabilitation but had a limited understanding of the pathway of his offending. In Dr Barry-Walsh’s opinion, Mr Crous had long-standing problems with depressed mood and likely had a depressive illness which worsened following the charges. He remains depressed with associated anxiety and has a history of significant alcohol abuse. There was a link between Mr Crous’ depression, alcohol use, and the offending. The offending and his use of pornography likely represented an attempt to regulate his mood. Dr Barry-Walsh assessed the risk of future offending as relatively low. With regard to sentencing, he highlighted Mr Crous’ vulnerability and expressed concern that his problems with depression will be worse if he is imprisoned, with an…
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- AGLC
- Crous v Police [2023] NZHC 3765
- Case
- [2023] NZHC 3765
- Decision Date
CaseChat Overview and Summary
The appeal raises the issue of whether the District Court Judge erred in not imposing home detention instead of imprisonment. The Court found the Judge was wrong to give the seriousness of the offending too much weight in deciding the sentence. The Court noted that the nature of the offending must be considered along with the personal circumstances of the offender. The Court found home detention was the least restrictive sentence appropriate in the circumstances and adequately reflected the totality of the offending. The Court also found that Crous should be placed on the Child Sex Offender Register given the risk he poses to children. The appeal was allowed, the sentence of imprisonment was quashed, and Crous was sentenced to seven months’ home detention subject to special conditions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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