Kiwi's appeal over child sex crime turned down

Photo / File

A New Zealander, who was found guilty of a child sex crime committed in Russia, has lost his appeal against his conviction.

The man, known as LM in the court decision, took an indecent photograph in 2007 of his then 7-year-old step-daughter with a Russian man.

He had been living in Russia at the time.

Under the Crimes Act a New Zealand citizen can be prosecuted for their actions in another country if they constitute a child sex crime under New Zealand law.

The man appealed his decision, challenging whether the Act applied to someone who was a party to the alleged offending and not the principal offender.

At his original trial, the Crown case had been that he was a party to the offending. He had accepted this, if it could be proven he had taken the photograph.

However, the majority of the Supreme Court judges ruled that he was a principal offender in the incident, saying the Crown case had been "misconceived".

The photograph was taken in a Russian apartment LM was living at the time with his step-daughter and other family members. The man in the photograph was friend of his.

"On the findings of fact, the appellant not only took the photograph but also directed the posing of the scene which he photographed," the Supreme Court decision said.

"It is clear that if the conduct had occurred in New Zealand, the appellant could have been found guilty as a principal offender."

But two of the five Supreme Court judges said they believed LM was a party to the offending and not the principal.

"We do not disagree with the analysis of the majority that Mr LM could have been convicted as a principal, but we consider that he was properly convicted as a party."

However, they all agreed that he had no grounds to appeal, and his conviction "can and should be upheld".