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Christchurch man arrested for Facebook post

#1 User is offline   RedFox 

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Posted 18 January 2016 - 02:58 PM

Christchurch man arrested for Facebook post
DAVID CLARKSON
Last updated 12:55, January 18 2016
 
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Eight people have been charged under section 22 of the Harmful Digital Communications Act.

A Christchurch man has been arrested and charged with posting an abusive Facebook message.

The charge was laid under the Harmful Digital Communications Act, passed by Parliament last year, and carries maximum penalties of two years' jail or a $50,000 fine.

Henare Pera Hohaia, a 27-year-old Hornby man, entered no plea when he appeared in the Christchurch District Court on Monday.

He was remanded on bail to February 9 with conditions that he live at a specified address, not contact the woman complainant, and not access any computer or Internet-capable device.

Hohaia has been charged that on Saturday he posted a message on Facebook with intent that it cause harm to a woman, where it would cause harm to "an ordinary reasonable person".

The charge says that posting the message caused "serious emotional harm" to the victim.

Eight people have been charged under section 22 of the Harmful Digital Communications Act, which came into force in July, police said.

Of those, two have been convicted and sentenced – one was jailed for four months, while the other was sentenced to three months community detention and 200 hours community work.

- Stuff
 
http://www.stuff.co....r-facebook-post
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#2 User is offline   hukildaspida 

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Posted 19 January 2016 - 01:53 PM

This suggests that there are 6 cases currently subjudice and in the Court Systems.

It will be interesting to see if and when all the details surrounding these cases are published and how long they take to go through the Legal processes.

Maybe there will be one or two vexatious litigants trying to defend themselves, unsuccessfully along the way.

One would trust the justice system deals to such persons in the appropriate manner, and if necessary they face further charges under the Crimes Act if appropriate.

Will they have this case law as a topic on the http://www.nzlii.org/databases.html register?

We understand other countries legals, general public etc have a keen interest in how this Law takes effect in NZ.


"Eight people have been charged under section 22 of the Harmful Digital Communications Act, which came into force in July, police said.

Of those, two have been convicted and sentenced – one was jailed for four months, while the other was sentenced to three months community detention and 200 hours community work."
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#3 User is offline   hukildaspida 

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Posted 04 April 2016 - 03:11 PM

Man sent former boss 321 threatening Facebook messages, causing 'serious emotional distress'

DAVID CLARKSON

Last updated 12:56, February 9 2016

http://www.stuff.co....l-distress.html

A man who sent 321 threatening images and messages to his former boss' Facebook has admitted an unusual Harmful Digital Communications Act charge.

Henare Pera Hohaia, 27, of Hornby, pleaded guilty in the Christchurch District Court on Tuesday to the charge of causing the woman serious emotional distress.

Police said Hohaia was employed by a Christchurch business where the victim was the manager.

The manager had no contact with Hohaia for more than a year after he stopped work. It was then found that Hohaia had posted 321 private Facebook messages to the victim over several months.

READ MORE: Arrest for Facebook post

They had gone unnoticed by the victim during that time.

The messages included threats and one included a drawn picture of a firearm to the back of the victim's head.

They suggested Hohaia's family members were stalking her. They included a threat to shoot her pet horses.

"She feared for her safety and has not replied to any of the messages," police said.

The court heard Hohaia had spent three weeks in Hillmorton Hospital and remained an outpatient.


A social worker was with him at his court appearance on Tuesday.

Judge Brian Callaghan remanded him for sentence on April 26.

The judge referred the case for a restorative justice conference where Hohaia would get to meet the victim, if she agreed.

He asked for a pre-sentence report assessing his suitability for home or community detention.

Defence counsel David Goldwater said Hohaia was trying to get back to health with medical help. He had been "considerably unwell" for a period.

Goldwater asked for interim name suppression for Hohaia, but then dropped the application after the court was told that the name was published after an earlier appearance when there was no order in place.

Eight people have been charged under section 22 of the Harmful Digital Communications Act, which came into force in July, police said.

Hohaia is the third to be convicted.

Two others have been convicted and sentenced – one was jailed for four months, while the other was sentenced to three months community detention and 200 hours community work.

- Stuff
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