Successful section 14 application for client charged with intentionally distribute intimate image without consent
Client charged with intentionally distribute intimate image without consent
Facts
Police charged Georgia with intentionally distribute intimate image without consent when she uploaded an image of her naked ex-partner onto Instagram without his consent. The image went online immediately after the pair split up.
The maximum penalty is 2 years imprisonment and/or $5500.
Under s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a Magistrate may make a conditional or unconditional order to dismiss a charge and discharge a defendant. In considering whether or not to make such an order, s 15 states that a Magistrate may consider the nature of the defendant’s mental health impairment or cognitive impairment.
A psychological report was obtained which indicated that Georgia had previously been diagnosed with PTSD and borderline personality disorder. The report stated that Georgia suffered from mental health trauma at the time of the offending. The report also outlined a treatment plan moving forward.
Section 14 application successful and charges dismissed
Outcome
O’Brien Criminal and Civil Solicitors successfully obtained a s 14, The Magistrate dismissed the charge on the condition that Georgia participate in a 6-month plan. She got an AVO to expire in 2-years.
