An Inverell man will remain behind bars for at least five months after pleading guilty to uploading an intimate video without consent.
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The man, not named to protect the identity of his victim, pleaded guilty at Inverell Local Court on Thursday to two counts of breaching an AVO, threatening to distribute intimate images, and distributing the intimate images without consent.
The victim went to the Inverell Police Station when she became aware that a video of herself had been uploaded onto a social media platform, a video she said she didn't know was being filmed until two months after it was taken.
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Sent screenshots of the video by a friend, the woman saw the video had been up for seven months and had been watched more than 200 times. She could be clearly identified in the video.
The woman told police that during their relationship, the man had constantly threatened to upload the video.
When he was arrested by police early in 2022, he admitted to breaching the non-contact condition of the AVO, however denied posting the video. Police statements tendered to court said he "changed his story multiple times".
"My overwhelming view is that full time custody is warranted," Magistrate Holly Kemp said, outlining the need to deter him specifically from doing it again, but also to serve as a warning to the wider community that similar acts would not be tolerated.
"Of particular concern to the court that as per the sentencing assessment report ... (he) has tried to downplay the seriousness of it ... saying 'it only got 200 views'.
"It is truly appalling."
His solicitor asked for the possibility of home detention, and asked the court to view the comments in the report to be "viewed in the context of his schizophrenia", submitting that his client was "contrite and remorseful".
The DPP prosecutor noted that while the video had been deleted, she said that "once this stuff goes out into the internet ... the potential damage is ongoing".
Magistrate Kemp agreed.
"In the online age it is so easy to pull the trigger and post this online," she said.
"But once it's out there ... [you] cannot say definitely how far it is distributed.
"There are real consequences for doing this type of conduct.
"While it has been asked for a community-based order ... due to the seriousness (of the charges) I am not satisfied that community and victim protection can be guaranteed."
The man was sentenced to an overall sentence of 10 months in full-time custody, backdated from his arrest in January, with a non-parole period of five months.
He will be required to undergo supervision and rehabilitation in the context of helping his mental health upon release.
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