The accused pleaded guilty to distributing an intimate image without consent after uploading a consensually created sexual video to a public pornography website.
The court held that the offence is simultaneously a sexual offence, a privacy offence, and a form of gender-based violence, and accepted the profound and enduring harm suffered by the complainant.
Applying proportionality, restraint for youthful first offenders, and the statutory criteria for a conditional sentence, the court found this was the rare case where denunciation and general deterrence could be met without jail.
A one-year conditional sentence order followed by two years' probation was imposed, and a SOIRA order was declined.
