LM v R
| Jurisdiction | New Zealand |
| Judge | McGrath,William Young,Arnold JJ |
| Judgment Date | 20 February 2014 |
| Neutral Citation | [2014] NZSC 9 |
| Docket Number | SC 143/2013 |
| Court | Supreme Court |
| Date | 20 February 2014 |
[2014] NZSC 9
McGrath, William Young and Arnold JJ
SC 143/2013
IN THE SUPREME COURT OF NEW ZEALAND
Application for leave to appeal convictions under (1) s144A Crimes Act 1961 (“CA”) (Sexual conduct with children and young people outside New Zealand) and (2) s131A (Offences relating to possession of objectionable publications and involving knowledge) and s145A (Extraterritorial jurisdiction for certain offences) Films, Videos and Publications Classification Act 1993 (“FVPCA”), of knowingly possessing, in Russia and elsewhere overseas, objectionable publications — offences related to the taking of a photo of a child under 12 performing a sexual act on another and possession of objectionable material — whether the taking of a photo did not amount to an offensive act— whether s144A CA only covered principal offending and did not cover party offending — whether the applicant had a lawful authority or excuse defence under s131 FVPCA.
Applicant (in person)
G H Vear for Respondent
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A Leave to appeal against conviction on the charge under s 144A of the Crimes Act 1961 is granted.
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B The approved ground of appeal is whether s 144A criminalises offending as a party under s 66 of the Crimes Act.
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C The application to appeal against conviction on the charge under ss 131A and 145A of the Films, Videos and Publications Classification Act 1993 is dismissed.
The applicant was convicted of two offences. The first was of being a party to an indecent act on a child outside of New Zealand which, if done here, would be an offence under s 132(3) of the Crimes Act 1961 (sexual conduct with child under 12). This charge, brought under s 144A of the Crimes Act, arose because the applicant took a photograph of his victim while she was performing a sexual act on a male. He was convicted following trial by a Judge alone in the District Court. The second charge, brought under ss 131A and 145A of the Films, Videos and Publications Classification Act 1993, was of knowingly possessing, in Russia and elsewhere overseas, objectionable publications. It resulted from the applicant's arrival in New Zealand with a laptop and Maxtor hard drive containing some 30 objectionable images and stories. The applicant pleaded guilty to this charge. He seeks leave to appeal against a Court of Appeal judgment upholding those convictions. 1
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...Crimes Act 1961. Solicitors: Crown Law Office, Wellington for Respondent 6 7 8 Hitchcock, above n 3, at [21]. See, for example, LM v R [2014] NZSC 9, (2014) 26 CRNZ 643 at Trial counsel cross-examined Crown witnesses on the issue of collusion and evidence of social media material of the nat......
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...extension of time but the application for leave to appeal is dismissed. Solicitors: Crown Law Office, Wellington for Respondent 9 LM v R [2014] NZSC 9, (2014) 26 CRNZ 643 at...
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...Crown Law Office, Wellington for Respondent 4 5 6 7 Charlton (CA), above n 1, at [43]. At [43]. At [44]. See, for example, LM v R [2014] NZSC 9, (2014) 26 CRNZ 643; Tu’uaga v R [2014] 164; and Old v R [2015] NZSC 175. ...
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