Application for discharge without conviction - causing harm by posting a digital communication - revenge porn - video of intimate act - posted on social media - Harmful Digital Communications Act 2015 - Sentencing Act 2002, ss 11, 106 & 107. The defendant faced sentence after pleading guilty to a single charge of causing harm by posting a digital communication under the Harmful Digital Communications Act. Either the defendant or another person had covertly filmed the defendant's ex-girlfriend while she was being intimate in a bedroom with a man. He then posted the video on a social media platform and sent it to her mother. The defendant applied for a discharge without conviction under s 106 of the Sentencing Act. Under s 107 of the Act a Judge may discharge a person without conviction but only if they are satisfied that the direct and indirect consequences of a conviction will be out of all proportion to the gravity of the offence. First, the Judge will decide how serious the offending was, which requires consideration of mitigating and aggravating circumstances relating to the offending and the offender. Next, direct and indirect consequences of conviction will be identified. Finally, the Judge will consider whether those consequences are out of all proportion to the gravity of the offending. The Judge considered the consequences of the conviction would be all out of proportion in terms of the gravity of the offending. The offending had occurred over a very short period, the defendant had expressed remorse and the victim and her family had forgiven him. The discharge without conviction was granted. Judgment Date: 8 February 2019. * * * Note: names have been changed to comply with legal requirements. * * *