Peter Farrawell-Smith avoids jail for filming oral sex with ex-wife’s sister on Snapchat

The man who posted a Snapchat image of his ex-wife’s sister performing a sex act on him has avoided a full-time jail sentence on appeal — for now.

Peter Farrawell-Smith avoids jail after posting an image of his ex wife's sister giving him oral sex on Snapchat.

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A man has avoided jail after posting a picture online of his ex-wife’s sister giving him oral sex with the caption “Wife cheats on me. Her sister sucks my c*** haha”.

Peter Farrawell-Smith, of Gosford, appealed a six month jail sentence in Gosford District Court today, after pleading guilty to recording multiple sexual acts without consent.

Judge Tanya Bright described the offence as a degrading breach of privacy and doubled his sentence to 12 months.

However she sent Farrawell-Smith, 35, for a home detention assessment with a view for him to serve half of his sentence as home detention and the other half as an Intensive Corrections Order (ICO), in the community.

Peter Farrawell-Smith leaved Gosford Court this week with his current partner. Picture: Sue Graham

Farrawell-Smith was originally sentenced to jail in Gosford Local Court by Magistrate Alan Railton who described his actions as “just nasty”.

Farrawell Smith’s lawyer Stuart Ogilvy said the original sentence was “punitive and does nothing to address any potential reoffending”.

The court heard when the heavily tattooed father-of-two split with his wife, he started messaging her sister on Snapchat asking for sex. They eventually met up at his house in Eagle Vale in March and April 2019.

When she stopped going to his house, Farrawell-Smith posted secretly recorded footage of her performing oral sex on him to Snapchat.

The 35-year-old has received a 12 month sentence.

The victim was confronted by her sister, Farrawell-Smith’s ex wife, who then reported the incident to police.

Mr Ogilvy said Farrawell-Smith, who has no history of sexual offending, was in a steady relationship and he and his partner are expecting a child in July.

He argued that an ICO would enable Farrawell-Smith to be supervised and undergo rehabilitation programs.

“It’s certainly his intention not to reoffend,” he said.

“He has expressed his remorse and understands what he did was totally unacceptable.”

He said Farrawell-Smith was on an upward spiral with his new partner who was a “significantly positive influence in his life”.

Judge Tanya Bright said Mr Farrawell-Smith’s motive was “to seek revenge”.

Judge Bright said the real issue was “deterrence” for the offence and sending a message to others that this type of behaviour would result in stern sentences.

She said Farrawell-Smith indicated in his sentence assessment report that he had planned to use the images to prove to his ex wife he was having an intimate relationship with her sister.

“In my view there’s no question that the motive was to seek revenge against his ex partner,” she said.

“On the available facts his moral culpability is high.”

Mr Ogilvy attempted to seek a non-publication order on behalf of Farrawell-Smith to avoid embarrassment to himself along with his ex-wife and the victim.

Judge Bright said his crime wasn’t eligible for a suppression order and no paperwork had been lodged for her to consider such an order.

Farrawell-Smith’s home detention assessment will come back to Gosford District Court on April 22.