Auckland Man Sentenced to Home Detention After Possessing Over 100,000 Objectionable Files

An Auckland man has been handed a 11-month home detention sentence after being found with over 100,000 objectionable files, including child and animal abuse material, on his devices.

The 29-year-old, who appeared before Auckland District Court Judge Simon Lance, faced two charges of knowingly possessing objectionable publications. Each charge carries a maximum sentence of 10 years in prison. However, the judge opted for a non-custodial sentence, citing the man’s rehabilitation efforts and other mitigating factors.

The case came to light after a police raid on the man’s home in July 2022. During the operation, officers discovered 122,764 objectionable publications on two hard drives, including child abuse material, computer-generated content, and adult objectionable material. The files were described as promoting and supporting the sexual abuse of children under 16 years of age.

The prosecution, led by Rewa Kendall, emphasized the severity of the content, stating it covered “all manner of objectionable publications.” While acknowledging the man’s isolated childhood and early exposure to pornography, Kendall noted his efforts toward rehabilitation, including weekly psychology sessions. She argued that a custodial sentence was not necessary, as the man posed an ongoing risk that could be managed in the community.

The man’s lawyer, Adam Holland, highlighted that the offense was distinct from similar cases, as the man had made two downloads over a month and was soon after raided by police. Holland stressed that there was no evidence the man had curated or disseminated the material, nor was he part of a wider community interested in such content. He also emphasized the man’s poor mental health and extensive rehabilitation efforts, calling it the first time his client had appeared in court.

Judge Lance condemned the man’s conduct “in the strongest possible terms,” noting the harm caused by such offenses. He expressed skepticism about the man’s remorse, citing his statement that he was “straight but not the straightest” and predominantly attracted to people aged 13 to 40. However, the judge acknowledged the man’s guilty plea and previous good character, offering a 45% discount on the sentence.

As a result, the judge sentenced the man to 11 months of home detention and denied his request for anonymity, though he granted a seven-day interim suppression period for the man to consider an appeal. The man was not placed on the child sex offender register.

The case has sparked debate about the balance between rehabilitation and public safety, with many questioning the effectiveness of non-custodial sentences for such serious offenses. The man’s case serves as a reminder of the ongoing challenges in addressing the possession and distribution of objectionable material in the digital age.