By Georgina Mitchell and Michael Evans
A Sydney teacher who was jailed for secretly filming up the skirts of students at his north shore school has had his sentence overturned on appeal, after a judge agreed his mental health conditions including a voyeuristic disorder could be better treated in the community.
Eric Wong, 29, was jailed in July for at least six months after he took 90 videos and 300 photos of students in his class at Cammeraygal High School in Crows Nest over a period of two years. He had pleaded guilty in Hornsby Local Court to two charges of filming a person’s private parts without consent.
Eric Wong had his jail sentence overturned.
On Thursday, his barrister Peter Givorshner told Downing Centre District Court that the sentencing magistrate should have taken Wong’s autism spectrum disorder and voyeurism disorder into account, both of which affected his moral culpability.
Givorshner said the magistrate made an error and was possibly overcome with disgust and revulsion when saying that Wong must have known his conduct was “completely inappropriate”. He said people with autism were “wired differently”.
The barrister said voyeurism disorder could be treated in the community, while autism could not be treated. He said his client had already experienced “intense media coverage”, public shaming, a loss of his career and future prospects, and 29 days in custody.
Wong, pictured earlier this year, took 90 videos and 300 photos of students in his class at Cammeraygal High School.Credit: Nick Moir
Judge John North said Wong’s “unusual and abhorrent behaviour” breached the trust of a large number of young women in his care.
“He was their teacher; this was a gross abuse of trust, and it is indeed a serious matter,” North said. “There are a large number of people who should have been safe in the protective care of their teacher who were anything but safe.”
North said sentencing Wong was difficult and required taking into account the seriousness of the offence as well as Wong’s subjective case, including evidence of remorse, a strong family background, and a prior good character.
“The effect on his life has been profound,” the judge said. “He’s lost his job, of course, will never be able to return to it. His relationship of four years ended.
“No matter what I do, people will be aggrieved due to the breach of trust and the way in which these crimes were committed.”
North said Wong would not be able to access appropriate treatment for his voyeurism disorder in custody, so the safety of the community would be better served by an Intensive Correction Order, a form of jail sentence served in the community, rather than a short period of custody.
“It’s not an easy thing, but I’ve come to the conclusion that the matter can be dealt with by way of an ICO – but only because of the time already spent in jail and the mental health issues that remain unresolved and which clearly need attention,” North said.
The judge imposed a two-year Intensive Correction Order, which requires Wong to be of good behaviour and accept treatment deemed appropriate by Community Corrections.
The Herald previously reported that Wong was caught by a 16-year-old female student when the girl bumped into a whiteboard and dislodged a hidden phone in Wong’s classroom.
A police search of Wong’s home revealed hundreds of videos and photographs on a computer and storage device of girls in school uniform in his classroom, including images up their skirts and of their breast area.
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