Mitchell Joseph Brindely, Western Australia’s first revenge porn offender has escaped an immediate jail term. Brindley pleaded guilty last month to distributing intimate images of another person without consent – Western Australia’s first charge under the newly enacted Intimate Image Law.
Joseph acknowledged creating five Instagram pages in the name of his ex-girlfriend and posting 10 photos of her – some photos were “full nude” with scribbles on her breast and vagina while others were in her underwear with t-shirts, with the face shown clearly, according to Police – between April 19 and 23, after they broke up. He pleaded guilty to distributing an intimate image of another person without consent at Fremantle Magistrates Court on 11 June (Tuesday).
The WA government enacted the new Intimate Images Law earlier this year and Mr. Brindley is the first person to be charged under the law. According to the newly introduced law, a victim posting an intimate image of another person without consent is liable to get a punishment up to three years in prison and /or a fine up to $18,000. He was spared the jail term, citing the motive for posting an intimate image of another not being driven by the sexual gratification or making money. Brindley would have been handed jail time if the offending had been in the category of “sextortion”, for instance, which involves threatening to share intimate images to coerce more intimate acts or money from a victim.
However, Mitchell has been sentenced to a 12 month intensive supervision order on Monday by Fremantle Magistrates Court after conducting his psychological report in which he has been reported to try to commit to a suicide after they broke up in January. He will be case managed by a Corrective Services officer who will determine whether he must undergo counselling or engage in programs.
Fremantle Magistrates Court heard the pair met at age 16 and began a tumultuous intimate relationship in November last year. The police prosecutor had called for an immediate jail term, saying it was important to deter the community from such offending, which had humiliated the victim. The magistrate said the victim suffered from trust issues caused by the incident.
Outside court, Mr Dobson publicly apologised to the complainant on his client’s behalf.
“He’s well aware of the hurt and the harm his actions have caused,” the lawyer told reporters.
“He has learnt his lesson. Being the first and the resulting attention has been enormous, the impact upon him, for moments of madness, silliness.”
“Hopefully this will send a message to the wider community.”
With inputs from AAP.
