A 19-year-old Tauranga man has been discharged without conviction after downloading child pornography files in 2019. Stock / 123rf
A 19-year-old Tauranga man has been discharged without conviction after downloading child pornography files in 2019. Stock / 123rf
A Tauranga teenager found to have downloaded multiple child exploitation files has narrowly avoided conviction - and had his identity permanently suppressed by a judge.
The 19-year-old downloaded the objectionable material in 2019 when he was 15. There is no evidence he shared or distributed the files further.
The offending wasn't discovered by authorities until recently, at which point police initiated a prosecution against the man, charging him with a single count of possessing an objectionable publication.
The teen pleaded guilty to downloading multiple files from a file-sharing site - "nearly all of which depicted child sex abuse", Judge Peter Hobbs said in the Tauranga District Court this morning.
The summary of facts, which described the graphic details of what was contained in the files, was read in open court.
Acting for the man, lawyer David Bates said the offending sat at a "relatively low" level, and his client was young when it occurred.
He applied for a discharge without conviction and permanent name suppression, with both applications unopposed by police. Open Justice opposed name suppression.
A psychological report provided to the judge concluded that the offending could not be viewed as the result of "sexual deviance" or illness.
District Court Judge Peter Hobbs said the consequences of a conviction would be disproportionate to the offending. Photo / NZME
"I am prepared to accept that this offending is born out of your youthful experimentation and interest, but not out of any nefarious or dangerous sexual appetite for these kinds of images," Hobbs said.
There was also no evidence that the man downloaded the material again.
"The thing about pornography is that when you view it, it becomes addictive, as I understand it.
"This was an aberration on your part that you now regret. You also seem to understand there are real victims behind this."
While accepting the mitigating circumstances, Hobbs also stated that he didn't feel the offending was low-level.
"It is often suggested this offending is victimless - it's clearly not. It depicts real children suffering serious sexual abuse. That has lifelong consequences for those victims.
"Without those who have an appetite to download and distribute this material, it would not be produced."
However, Hobbs concluded there was a genuine risk that if convicted, the consequences of that would be disproportionate to the offending.
"I'm not satisfied that an employer might look beyond the convictions. There would be serious consequences for you if you were convicted of this offence."
Hobbs declined to convict the young man, and also ordered the permanent suppression of his name.
