Wyongah’s Richard Booth sent naked images of ex to her dad

A Central Coast man who sent naked images of his ex to her and her father has tried to appeal his sentence in court — which saw his mate try and take responsibility for the offence — only for it to backfire.

Richard Charles Booth sent naked images of his ex-partner to her dad. Picture: Fiona Killman

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A Wyongah man slapped with a 12-month sentence for sending naked images of his ex-partner to her dad withdrew his appeal after being told he would go to jail.

Richard Charles Booth, 38, appealed his conviction in Gosford District Court on Friday after he was found guilty of sending private sexual material using a carriage service at Wyong Local Court earlier this year.

In February, a Magistrate sentenced Booth to 12 months imprisonment to be served through an Intensive Corrections Order (ICO) which is served in the community.

Charge sheets tendered to court revealed Booth transmitted private sexual material to the victim’s father in a way that was “menacing, offensive and harassing”.

The naked images were sent via mobile phone.

The court heard the images were sent in April 2019 when Booth was arranging a time with the victim to collect their daughter at Bunnings. Booth sent naked images of the victim to both herself and her father.

There was a unique twist in Friday’s appeal where Mr Booth’s friend Aaron Holmes submitted an affidavit claiming he was the one who sent the offensive images after finding them in his phone.

The bold move backfired after Judge David Wilson ordered the affidavit be forwarded to police for investigation.

Judge Wilson was quick to indicate that Mr Holmes was admitting to an offence and would be dealt with under the law, whether he was telling the truth or lying in an affidavit.

Richard Charles Booth (blue suit) and mate Aaron Holmes. Picture: Fiona Killman

After a discussion with both Mr Holmes and Booth, Booth’s defence lawyer withdrew both the affidavit and appeal against the conviction.

Judge Wilson was not impressed, indicating if Booth was innocent he could be “misleading the court”.

“Your client maintained his innocence up until this moment,” he said.

“The court is not here for amusement. Either your client is guilty or, on the evidence you have now sought to rely upon, he’s not guilty. You can’t treat the court with this level of disrespect.”

Mr Booth’s defence said Mr Holmes maintained his affidavit was correct, in that he sent the images.

“Both your client and Mr Holmes are accepting responsibility for sending images,” Judge Wilson replied.

After hearing he would most likely go to jail as a result of his appeal, Booth withdrew it immediately. Picture: Sue Graham

He did not entertain the issue any longer, saying the affidavit related to perjury and would be referred to the police for investigation.

Just when he thought it was over, Mr Booth’s defence appealed the severity of his 12 month sentence.

The Crown submitted a harsher penalty was warranted, including jail time, due to the seriousness of the offence and impacts on the victim including “enormous embarrassment” and a strained relationship with her father.

Judge Wilson said due to Booth’s lack of remorse and insight into his offending, a jail term was likely if he pursued the appeal.

The severity appeal was immediately withdrawn with the ICO to be served from Friday until August 13 2021.