TEODORICO VAQUEZ LEYCO AND NEW ZEALAND CUSTOMS SERVICE

The case involved Teodoro Vaquez Leyco, who was appealing against a sentence imposed by the High Court, which had upheld a sentence from the District Court. Mr Leyco had pleaded guilty to multiple charges relating to the distribution, exportation, importation, possession, and creation of child sexual exploitation material (CSEM). The court was tasked with determining whether the sentence of four years and ten months' imprisonment was manifestly excessive. The primary legal issues were whether the global starting point of seven years' imprisonment was justified, whether the five per cent discount for remorse and isolation was appropriate, and whether the Judge had erred in concluding that Mr Leyco's past experiences of abuse did not contribute causatively to his offending.

The court examined the global starting point of seven years' imprisonment and found it to be justified, considering the severity and volume of the CSEM material involved. The court also reviewed the five per cent discount given for remorse and isolation, concluding that the Judge's decision was reasonable. The court further considered the psychological report and the Judge's conclusion that Mr Leyco's past experiences of abuse did not causatively contribute to his offending, finding no error in the Judge's reasoning. The court held that the Judge had appropriately considered all relevant factors and applied the correct legal principles in determining the sentence.

The appeal was dismissed. The sentence of four years and ten months' imprisonment was upheld as not manifestly excessive.