PUBLICATION OF THE NAME AND ADRESS OF THE APPELLANT ARE PROHIBITED BY S 200 OF THE CRIMINAL PROCEDURE ACT 2011
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2014-404-208 [2014] NZHC 2398
Q
v
NEW ZEALAND CUSTOMS
Hearing: 29 September 2014 Appearances:
G Foley for the Appellant
N Small for the RespondentJudgment:
2 October 2014
JUDGMENT OF THOMAS J
This judgment was delivered by me on 2 October 2014 at 3.00 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date:………………………….
Solicitors:
Meredith Connell, Auckland.
Counsel:
G Foley, Auckland.
Q v NEW ZEALAND CUSTOMS [2014] NZHC 2398 [2 October 2014]
Introduction
[1] Mr Q pleaded guilty to two charges of exporting an objectionable publication and two representative charges of possessing an objectionable publication. The publications in question were pornographic images involving children. He was sentenced in the District Court at Auckland to 10 months’ home detention.
[2] At his sentencing Mr Q applied for permanent name suppression on the basis that publishing his identity would cause extreme hardship to his wife and his elder daughter. Judge Paul declined to grant name suppression, considering that the test under s 200 of the Criminal Procedure Act 2011 (the Act) had not been satisfied. Mr Q now appeals against this decision.
Relevant facts
[3] Mr Q was identified by an undercover officer based in Queensland who had been conducting a covert online investigation. He communicated with Mr Q who used two different usernames.
[4] During the online contact with the officer, Mr Q sent child pornography to the officer. This was the basis of the exporting charges. The officer then contacted the New Zealand Customs Service and reported Mr Q.
[5] When Mr Q was arrested, further images were found in his possession. These formed the basis of the possession charges.
[6] Mr Q pleaded guilty immediately to all charges.
District Court decision
[7] Mr Q applied for permanent name suppression in the District Court. This application was based on the impact that publication would have on his wife, who does not share his unique surname, and his eldest daughter. In the case of his wife, it was argued that her medical condition would be worsened by the stress caused by publication. This would increase the risk of complications, including ventricular
fibrillation which can lead to death. In the case of his eldest daughter, she is reported to be doing well at school and it is argued that, since she shares his unusual surname, this could harm her progress. It was also argued that publication may harm Mr Q’s employment prospects.
[8] The Judge refused to make a permanent suppression order. His Honour began with the principle of open justice. The Judge considered the public interest in this case was strong, given the seriousness of the offending. He considered that the risks to Mr Q’s future employment did not displace this as the effect was likely to be no more than would normally follow a conviction for this…
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