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30 charges of possessing objectionable material including images of babies and young children in sexual situations in 2009
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none known
Born 1984
At large
Sentenced to 7 months imprisonment in December 2009
Reduced to 2 years intensive supervision and 300 hours community work on appeal
Background
Manawatu Standard. Palmerston North, December 9th, 2009
Downloading child pornography from an international website has landed a
Palmerston North student with Asperger's syndrome a seven-month jail term.
Interpol alerted local police to 25-year-old Andrew Jonathan Excell's on-line
activities and his house was searched in January, the Palmerston North District
Court was told yesterday.
Thousands of images and hundreds of movies, depicting naked children in sexual acts, were discovered on Excell's laptop, computer and several external hard drives. The children depicted in the images and movies ranged in age from babies through to adolescent girls, the court was told.
Police deemed 23 images and seven movies offensive and laid 30 charges of possessing objectionable material. The UCOL student only learnt that looking at naked babies and young children in sexual situations was wrong at the time of his arrest, defence lawyer Steve Winter said.
A combination of Asperger's and Kallmann syndromes lead to Excell's obsession with child pornography, Mr Winter said. Asperger's affected Excell's ability to develop relationships with peers and caused a tendency to become fixated on one subject. To combat Kallmann syndrome Excell had to inject testosterone because his body could not produce enough naturally.
A sentence of intensive supervision together with community work would have enabled Excell to attend rehabilitative therapy, Mr Winter said. But Judge Grant Fraser said prison was unavoidable because Excell was identified as having a "medium to high" risk of reoffending.
"Possession of material such as this is abhorrent. "It invites the abuse and exploitation of children, who are defenceless, for the gratification of you and other like-minded people. "The children and babies in the images suffered "life-long physical consequences", Judge Fraser said. "If there weren't people receiving this sort of material then there may be no production of it." Excell's family gasped when Judge Fraser sentenced him to seven months imprisonment.
As an expressionless Excell left the dock his family waved, cried and yelled "goodbye, we love you" to him.