IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2024-409-193
[2024] NZHC 2961
BETWEEN TIMOTHY PHILIP GREEN
Appellant
AND
THE KING
Respondent
Hearing: 10 October 2024 Appearances:
A J McKenzie for Appellant
B W D Alexander for Respondent
Judgment:
11 October 2024
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 11 October 2024 at 1.30 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date……………
GREEN v R [2024] NZHC 2961 [11 October 2024]
Introduction
[1] Timothy Green (38) pleaded guilty to three charges of possessing objectionable material (representative),1 one charge of distributing objectionable material,2 four charges of failing to comply with obligations under the sex offender’s register,3 one charge of failing to comply with obligations under the Search and Surveillance Act 2012,4 and two charges of breaching an extended supervision order.5 On 6 August 2024 he was sentenced by Judge Gilbert to four years’ imprisonment.6
[2] Mr Green appeals his sentence on the basis the Judge erred in setting the starting point for the objectionable publication charges leading to an end sentence that is manifestly excessive.
Background
[3] On 27 March 2017, Mr Green was advised that he was subject to the New Zealand Child Sex Offender Register as a result of convictions that were entered against him.
[4] As part of that, Mr Green is required to make an annual periodic report. He must report any routing or modem device, including a mobile phone, used or intended to be used by him. He also needs to report usernames for any online social networks, online gaming accounts, online storage accounts and email addresses that he uses or intends to use. Any change to his mobile phone, any online social network username or email address must be provided to the police who administer the Child Sex Offender Register within 72 hours of those changes.
1 Films, Videos and Publications Classification Act 1993, s 131A(1). Maximum penalty: 10 years’ imprisonment.
2 Section 124(1). Maximum penalty: 14 years’ imprisonment.
3 Child Protection (Child Sex Offender Government Agency Registration) Act 2016, s 39. Maximum penalty: one year’s imprisonment or a fine not exceeding $2,000.
4 Search and Surveillance Act 2012, s 178. Maximum penalty: three months’ imprisonment.
5 Parole Act 2002, s 107T. Maximum penalty: two years’ imprisonment.
6 R v Green [2024] NZDC 18462.
The facts
[5] On 18 July 2023, a search warrant was executed at Mr Green’s address. He was absent. A Spark router was found plugged in and operational at the address. Mr Green failed to report the details of that router or of any internet service provider as he was required to.
[6] Later that day, Mr Green was located and found in possession of two smart phones. He acknowledged ownership, despite the fact he had not reported these devices. He then declined to provide unlock codes to either, despite a police officer’s request.
[7] On 18 and 19 July 2023, all the electronic…
Keep reading for free
Create a free CaseChat account to read TIMOTHY PHILIP GREEN AND THE KING and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NZHC 2961
- Decision Date
CaseChat Overview and Summary
The Court examined the facts of the case, including the highly premeditated nature of the offending, Mr Green's history of relevant prior convictions, and the content and volume of objectionable material found. The Judge had considered these factors and set a starting point of three years and nine months' imprisonment for the objectionable material charges. The Court compared this starting point with other cases on broadly similar charges and found that the starting point was within the appropriate range. The Court noted the importance of video content over still images and the nature of the sexual activity depicted. While the starting point was at the upper end of the permissible range, the Court concluded that the overall sentence was not manifestly excessive given the nature and volume of the material, the pre-meditated nature of the offending, and the need for deterrence and denunciation.
The appeal is dismissed, and the original sentence is upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.