S v R

Case

[2011] NZCA 324

18 July 2011


Details
AGLC Case Decision Date
S v R [2011] NZCA 324 [2011] NZCA 324 18 July 2011

CaseChat Overview and Summary

The appellant, S, appealed against his conviction on six counts of making an objectionable publication, contrary to the Films, Videos and Publications Classification Act 1993, and against the two and a half years imprisonment sentence imposed on him. S argued that the convictions were not reasonably supported by the evidence, and that the sentence was manifestly excessive. The court considered the evidence, including the complainant's testimony and the security camera footage, and concluded that the convictions were supported by the evidence. The court also considered the aggravating factors of the case, such as the exploitation of the complainant's nudity and the breach of trust, and the mitigating factors, such as the absence of sexual activity in the photographs. The court concluded that the sentence was appropriate and not manifestly excessive. The appeal against conviction and sentence was dismissed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mens Rea & Intention

  • Child Protection

  • Aggravated & Exemplary Damages

  • Sentencing

  • Exploitation of Children

  • Breach of Trust

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Most Recent Citation
R v Lata [2018] NZHC 707

Cases Citing This Decision

10

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Cases Cited

4

Statutory Material Cited

0

R v Zhu [2007] NZCA 470
R v Clode [2008] NZCA 421
R v Spark [2009] NZCA 345