THE NAME IN THIS JUDGMENT HAVE BEEN ANONYMISED TO COMPLY WITH
NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF DEFENDANT PROHIBITED BY S 201 OF THE CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2024-425-36
[2024] NZHC 2874
BETWEEN RICK CAMPBELL
Appellant
AND
THE KING
Respondent
Hearing: 3 October 2024 Appearances:
G A Walsh and M J James for Appellant A S C Alcock for Respondent (via VMR)
Judgment:
4 October 2024
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 4 October 2024 at 11 am, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date……………
CAMPBELL v R [2024] NZHC 2874 [4 October 2024]
Introduction
[1] Rick Campbell was sentenced to four years’ imprisonment by Judge Walker on charges of:1
(a)possession of objectionable material;2
(b)distribution of objectionable material;3 and
(c)sexual conduct with a child under 12.4
[2] Mr Campbell was sentenced alongside his husband and co-offender, who faced similar charges and received an end sentence of four years three months’ imprisonment.
[3] Mr Campbell appeals on the basis that the excessive starting point resulted in a manifestly excessive sentence.
Facts
[4] The summary of facts for Mr Campbell’s offending is, as noted by Judge Walker, “lengthy and graphic”.5
[5] During 2020, Mr Campbell and his husband’s objectionable online activity was detected following an automated Cyber tipline referral from the United States based ‘National Centre for Missing and Exploited Children’. The Department of Internal Affairs commenced an investigation into their activity.
[6] On 21 October 2020, police executed a search warrant at the couple’s rural residential address. Various devices were seized. Mr Campbell possessed 37 objectionable images and video files on his cell phone. A number of these fell into
1 R v [Campbell] [2024] NZDC 17570.
2 Films, Videos, and Publications Classification Act 1993, s 131A — maximum penalty of 10 years’ imprisonment.
3 Sections 123(1)(d) and 124 — maximum penalty of 14 years’ imprisonment.
4 Crimes Act 1961, s 132(3) — maximum penalty of 10 years’ imprisonment.
5 R v [Campbell], above n 1, at [2].
category A, the most serious category and two were described as at the “extreme” end of this category.6 The files depicted boys and girls in sexualised positions, involved in sexual activity either alone, with other children, or being sexually abused by adults. The children featured were between approximately three months and 15 years’ old.
[7] Examples of the files include a still image depicting a naked boy appearing between the ages of six and eight and a similar-aged girl who has his penis in her mouth, and a 49 second video which depicts a pre-pubescent boy’s genital area and an adult penis penetrating the boy’s anus whilst the boy is touching his own penis.
[8] Between 15 December 2018 and 17 February 2020, Mr Campbell distributed 10 of these publications to another person, “A”. The two also discussed sexual fantasies involving…
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