Warning: This story discusses sexual abuse, self-harm and suicide.
A man’s risk of self-harm and suicide resulted in him being given permanent name suppression for possessing thousands of sexual abuse images of children.
The 67-year-old was found to have more than 8000 images, most of which depicted female children in sexualised poses.
Between October 18, 2022 and August 3, 2023, the man uploaded 262 image files depicting the sexual abuse and exploitation of children to the Microsoft Bing Visual Search engine.
This is used to find visually similar images to the ones being uploaded - a user uploading child sex abuse images is actively seeking out similar material, a summary of facts said.
Most of the material found on the man’s laptop contained still rather than moving images, and was considered Category C; that is children posed in sexual ways.
However, there were also abusive images showing female children performing sexual acts, which are considered more serious - Category B. There was also a Category A image depicting intercourse between an adult male and a child.
He had a total of 8505 images, and was in Tauranga District Court for sentencing on Monday on one charge of possession of objectionable images.
The man’s lawyer Ian Brookie said the man showed genuine remorse and said he had “very much already had to have a very good look at himself”.
It had been a “tumultuous time” for him as he was a family man, and it had impacted his relationships with his wife and children.
“It has had a very strong effect on him,” Brookie said.
The man had taken steps to try to “shed some light” on the offending and why he had found himself in this situation.
He had made progress in rehabilitation, but the publication of his name would have serious implications for his mental health, Brookie said.
He referred to a psychologist’s report that outlined risks of self-harm and suicide.
When viewed with affidavits filed by the man and his wife about the suicidal thoughts the man had when his offending was discovered, the risks “were sufficient to bring the risk [of self-harm] to an intolerable level”.
The man had a conversation with the psychologist so a report could be prepared for sentencing, and following that conversation, the man had gone to hospital with heart palpitations.
“There’s a very physical manifestation of the stress involved,” Brookie said.
“The real focus for him is this anxiety about publication and the impact that would have.”
He was worried about being cut off from his friends, and “never being able to work again”.
His wife felt his risk of self-harm if his name was published would be even higher than the risk had been when his offending first came to light.
Brookie noted this was not a case where there was public interest in his name being published in order for other victims to come forward and have more offending brought to light.
Nor did he have a job where he “traded off [his] good character”.
Judge Melinda Mason accepted the man had genuine remorse and was “horrified and deeply ashamed”.
He’d engaged in extensive treatment with a psychologist, was in continued rehabilitation, was keeping busy, and had a safety plan in place to prevent further offending.
The judge said he had shared this plan with his wife and acknowledged her as his “strongest support person” and described her as “very brave”.
The man had confronted the fact this was not a “victimless crime” and immediately entered into rehabilitation after his offending was discovered.
A pre-sentence report indicated he had a low risk of reoffending. The judge also noted his previous good character and lack of previous convictions.
The judge adopted a starting point of 12 months’ imprisonment.
She gave a 10% discount for previous good character, 15% for rehabilitation, and 25% for his early guilty plea.
That reached a six-month term, but she accepted a sentence of community detention was more appropriate than home detention, given the nature of the offending and the circumstances that often lead to it.
She arrived at an end sentence of three months’ community detention.
Community detention is an electronically monitored sentence that imposes an overnight curfew on the defendant.
SUICIDE AND DEPRESSION
Where to get help:
• Lifeline: Call 0800 543 354 or text 4357 (HELP) (available 24/7)
• Suicide Crisis Helpline: Call 0508 828 865 (0508 TAUTOKO) (available 24/7)
• Youth services: (06) 3555 906
• Youthline: Call 0800 376 633 or text 234
• What’s Up: Call 0800 942 8787 (11am to 11pm) or webchat (11am to 10.30pm)
• Depression helpline: Call 0800 111 757 or text 4202 (available 24/7)
• Helpline: Need to talk? Call or text 1737
• Aoake te Rā (Bereaved by Suicide Service): Call 0800 000 053
If it is an emergency and you feel like you or someone else is at risk, call 111.
SEXUAL HARM
Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email [email protected]
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.
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