Former boyfriend took and kept illegal sex tape
The court heard the offending was a serious breach of privacy that could ‘really be put down to immaturity’
Police & Courts
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A YOUNG Mackay man found himself in hot water over an "immature" decision to film himself having sex with a former girlfriend without her permission.
The court heard he was 18 at the time and she was 17 when the incident occurred sometime between November and December 2018 at Townsville.
Now 20, he pleaded guilty to observations or recordings in breach of privacy - genital or anal region.
Mackay Magistrates Court heard the man, who cannot be named for legal reasons, told the girl when they were finished that he had made the recording.
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Prosecutor Harry Coburn said the girl had asked him to delete it and he said he had.
However, in April last year she learned the video still existed and made a complaint to police, who forensically retrieved the clip.
Defence solicitor Cassandra Adorni-Bracessi handed up medical documents, as well as character references stating her client had matured since the offence date almost two years ago.
The court heard the man had shown genuine remorse and had issues with anxiety which were exacerbated by the court case.
Magistrate Bronwyn Hartigan said the offending was a serious breach of privacy that could "really be put down to immaturity".
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Ms Hartigan accepted the man had learned his lesson and the offending was "out of character".
The court heard he had been in a relationship for three months and his mother was in court in support.
Ms Adorni-Bracessi said her client was working.
Ms Hartigan said the matter was too serious to discharge the man absolutely but instead placed him on a $1000 six-month good behaviour bond to reflect the mitigating factors such as his age, early plea and remorse.
He must also pay $250 compensation. A conviction was not recorded.
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