Published 21 August 2019
Sentencing — causing harm by posting a digital communication — revenge porn — naked photograph posted on social media — male assaults female — Harmful Digital Communications Act 2015 — Sentencing Act 2002 — Brittin v Police [2017] NZHC 2410. The defendant appeared for sentencing in relation to one charge each of causing harm by posting a digital communication and male assaults female. The defendant punched the victim several times in the face while they were in a car. Two days later he messaged her saying he was going to put naked photos of her on social media. The victim asked him not to. He posted seven photos of the victim with no clothes, clearly showing her face alongside words indicating she was available for sex. As these were two separate, dissimilar and discrete sets of offending the Judge was bound by the Sentencing Act to impose two cumulative sentences, meaning a sentence would be given for each charge and the defendant would serve them one after the other. For the assault charge, a sentence of 15 months' imprisonment was given. 18 months was given for the charge of causing harm by posting a digital communication. 18 months was deemed the minimum sentence required to meet the seriousness of the circumstances, based on the protective purpose of the Harmful Digital Communications Act. The legislation was intended to have a deterrent effect in order to discourage abusive behaviour which is done for the sole purpose of creating reputational damage and doing psychological harm. The end sentence was two years and five months' imprisonment. Judgment Date: 8 August 2018.
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