You are not permitted to download, save or email this image. Visit image gallery to purchase the image.
Evan Hedley Smith (63) appeared for a scheduled sentencing this afternoon but the Dunedin District Court heard that in a probation interview the defendant had said he did not believe the person he was communicating with online was underage.
The person the defendant was actually messaging was an undercover police officer.
Judge Michael Crosbie said Smith's stance contradicted his earlier guilty plea and inherent acceptance of the facts.
Consequently, he said, it would be "quite wrong" to proceed to sentencing.
He vacated the defendant's guilty plea and the conviction.
Smith will appear in court again at the end of November.