Gympie man sentenced for illegally publishing sex photos
A YOUNG Monkland man has narrowly missed jail for distributing unauthorised sex pictures of his former partner.
The man, who cannot be named for legal reasons, pleaded guilty in Gympie Magistrates Court to two counts of breaching domestic violence orders and one of sending explicit pictures of her to others, without permission.
The DV offences occurred at North Ipswich and Gympie and the photographs were reported to police in Rockhampton.
"This is very serious,” magistrate Chris Callaghan warned the man, 22.
"Every phone has a camera in it, it seems, these days,” Mr Callaghan said, "and they are used in intimate circumstances.
"It's a serious matter.”
The man pleaded guilty to distributing a prohibited visual recording of a person, without her consent, on November 19 last year.
He also pleaded guilty to breaching a Domestic Violence Order on December 5 at North Ipswich and December 7 at Gympie, by sending abusive and threatening text messages.
Police told the court they had received a complaint from a woman in Rockhampton, who reported explicit photographs of herself being published on the internet.
The court was told she had allowed the man to take photos of her having sex with him but had asked him to delete the photos.
He had admitted sending five photos via Facebook Messenger, including to a witness who had told the woman about receiving them.
Three of the photos showed her with the defendant, the court was told.
The woman had not given any permission for him to show or exhibit the pictures.
The man told the court he suffered "bad social anxiety disorder” and would have trouble defending himself because of an inability to talk in front of other people.
"I also suffer memory loss and I can't remember certain stuff.
"I was on medication but the GP took me of it,” he said.
He said he was still waiting on a referral for mental health treatment.
Mr Callaghan told the man he would allow him probation on the DVO breaches, with conditions including that he get "some treatment.”
But he said "the sending of explicit photos is worse. I consider jail but I'm thinking of suspending that.
"You sent threatening text messages to a former partner to harm her and make life hell for her and her boyfriend.
"You threatened to run her down and kill her boyfriend.
"This is a serious offence, but it seems you have significant disabilities.”
For the DVO breaches, the man agreed to accept 12 months probation with counselling and medical or psychiatric treatment as recommended by probation office staff.
For distributing the phone pictures, Mr Callaghan imposed four months jail, suspended for 12 months because of disabilities and the probation order.