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Distributing sexual images of pre-teen girls (x6) and possessing such images (x9) between October 2000 and March 2006
Found with more than 500 images
.
.
none known
Born 1973
Was on "home detention" in Richmond
Sentenced to twelve months home detention in February 2008
Background
The Nelson Mail, Friday 15th February 2008
A Richmond man found with more than 500 sexual images of pre-teen girls and a wide-screen television in his lounge to view them on has been sentenced to home detention, in a move even the judge described as "unusual".
Darryl Val Overton, 35, was sentenced in the Nelson District Court on Thursday to 12 months' home detention, having previously admitted six charges of distributing objectionable computer files and nine charges of possessing objectionable computer files. The charges relate to offending that took place between October 2000 and March 2006.
Judge Tony Zohrab said in January 2006 the Department of Internal Affairs became aware a New Zealander was making objectionable material available on networks, and enquiries revealed it was Overton. Overton had also been named in part of an international operation to crack down on people downloading objectionable material.
Police searched his house and found 482 images and 207 videos of an objectionable nature, which included pre-teen girls posing naked or engaging in sexual intercourse with adults.Overton had two computers, one in the lounge and one in an office, and he had used them to search for images of under-age and pre-teen girls.Overton told police that the images were "a mistake as a result of curiosity". He also admitted to accessing the images the morning the search was carried out and a few days before.
Defence lawyer John Sandston said Overton had no previous convictions and had been cooperative with the department and police. He had since attended more than 70 sessions with a sexual offenders' treatment programme, and 65 sessions with another counsellor. "He realises that by him viewing, distributing and making available that material, he's endangered the lives of many young people." He had lost his well-paying job as a builder and had become profoundly depressed and was now on a benefit. Crown prosecutor Craig Stevenson opposed home detention.
Judge Tony Zohrab said maximum sentences for the charges had recently been increased to reflect the serious nature in which they were viewed. The images Overton accessed and shared had perpetuated harm for the victims, the judge said. "They are real people, real children." Judge Zohrab said Overton's sentencing was a "difficult balancing exercise".
While the case had a number of aggravating factors including the large number of images and the use of file sharing programmes, Overton had been cooperative, admitted his guilt and sought psychological help at his own expense. Judge Zohrab said he had no desire to break Overton's counselling programme by sending him to prison. "It is an unusual move in my view and it should not be seen as a precedent." Conditions of Overton's sentence included that he not have contact with children under 16, he attend counselling and treatment programmes, forfeit all computer equipment and Internet access and not consume alcohol or drugs.