A teacher aide who collected exploitative online material and expressed a desire to sexually abuse a young child has had his prison sentence quashed.
Southland‘s Quade Neil Kaahu Strange, 25, was jailed for almost two years for possessing child sexual abuse material.
He was imprisoned by Judge Russell Walker in the Invercargill District Court for 21 months on October 31, having pleaded guilty to 21 charges of possession of objectionable publications.
It came to an end when police raided his home in February this year and seized his electronic devices.
Now, Justice Melanie Harland has replaced his prison sentence with one of five months’ home detention after Strange appealed against it to the High Court.
As the sentence has been quashed, Strange is no longer automatically registered as a child sex offender, with the question of registration now in the hands of the District Court.
According to the recently released decision, Strange communicated with an associate several times between November and December 2024, asking them to share child sexual exploitation videos and images.
He was sent 40 videos and 37 images which depicted young boys, including toddlers and babies.
The majority of the material was deemed to be the most serious of its kind.
Judge says home detention appropriate
Considering the appeal, Justice Harland said home detention was the appropriate sentence, after considering Strange’s relative youth, lack of previous convictions and that he had commenced counselling.
The judge said a pre-sentence report showed Strange had a low risk of reoffending, while further inquiries undertaken by police provided context about his offending.
At sentencing, Judge Walker had taken a starting point of 40 months’ imprisonment.
He found the material was disturbing and the messaging even more concerning, because it made clear that Strange was not only actively seeking out the material, but was also looking specifically for objectionable material in relation to younger children.
Defence lawyer Jono Ross said a starting point of 24 months was justified based on comparable cases.
Upon appeal, Justice Harland agreed.
Strange was given a 17.5% discount at sentencing in the District Court.
Ross submitted for a 25% discount, given that a delay in guilty pleas was not Strange’s fault.
Ross had been trying to get the police to incorporate a large number of charges into representative charges.
Crown Prosecutor Sarah McKenzie said while the 17.5% deduction was stern, it was not outside the range available in the circumstances.
However, after reflecting on the reasons for the delay, Strange’s age and inexperience, she accepted that a greater deduction could be warranted.
Justice Harland found there was also a delay in legal aid, as it was not granted until the end of May.
Disclosure was provided in June and Ross then told police he needed more time to allow for ongoing discussions.
Strange entered not guilty pleas on June 25, but once Ross became involved, and disclosure and discussion with police had occurred, he changed his pleas to guilty.
Justice Harland also noted Strange’s admission to the offending when he first spoke with police.
Ross said Strange had expressed remorse, adhered to bail conditions and had employment on a dairy farm.
He was supported by family, and it was noted that there were several other cases where home detention was imposed for similar offending.
McKenzie accepted home detention was appropriate but highlighted she had reached the position only because of further inquiries into background issues.
Further inquiries contribute to decision
Justice Harland said she had considered a psychological report completed in October.
The judge said a sentence of home detention was the least restrictive and appropriate sentencing outcome.
“Further inquiries made by the police post-sentencing have contributed significantly to this conclusion.
“The district court judge was not aware of these matters.”
Justice Harland said the end sentence of imprisonment should have been around 12 months, and the sentence of 21 months was manifestly excessive.
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 support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.
