No jail for Western Australia’s first revenge porn offender before court

A 25-year-old man in Western Australia created five Instagram accounts in his ex-girlfriend’s name and posted nudes of her.

The first person charged under Western Australia’s revenge porn laws has been spared an immediate prison term.

Mitchell Joseph Brindley, 25, admitted creating five Instagram accounts in his ex-girlfriend’s name and posting 10 nude photographs of her in April, just days after the laws came into effect.

Defence counsel Terry Dobson told Fremantle Magistrates Court on Monday the pair met at age 16, began a tumultuous intimate relationship in November and Brindley was angered by text messages she sent to friends labelling him a “basket case”.

That came after he attempted to take his own life because of their relationship difficulties, but she’d initially stood by him, Mr Dobson said. Brindley chose to lash out.

“He thought he would do it in a non-violent way, but the mental harm is just as significant,” the lawyer said.

“And herein lies the problem of the social media nastiness.” Magistrate Dean Potter said Brindley had committed a type of image-based sexual abuse known as “relationship retribution” and would have been handed jail time if the offending had been in the other three more serious categories. These include “sextortion”, which involves threatening to share intimate images to coerce more intimate acts or money from a victim.

Mitchell Joseph Brindley, 25, and his lawyer Terry Dobson outside the Fremantle Magistrates Court in Perth. Picture: AAP/Rebecca Le May

The magistrate said the complainant now suffered trust issues. “Her privacy, her personality, her self-esteem have been greatly impacted,” he said.

Brindley pleaded guilty last month to distributing an intimate image of another without consent, which carries a maximum jail term of three years and/or a fine of up to $18,000.

The police prosecutor had called for time behind bars, saying it was important to deter the community from such offending, which was a gross breach of trust and had humiliated the victim.

Brindley bowed his head in apparent relief when he was instead sentenced to a 12-month intensive supervision order.

He will be case managed by a Corrective Services officer who will determine whether he must undergo counselling or engage in programs.

Outside court, Mr Dobson apologised to the victim on his client’s behalf, describing the offending as “moments of madness, silliness”. “He’s well aware of the hurt and the harm that his actions have caused,” the lawyer told reporters.

“Hopefully this will send a message to the wider community.”

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Originally published as No jail for Western Australia’s first revenge porn offender before court