Summary
While on a suspended sentence, our client was charged and subsequently pleaded guilty to intentionally sharing intimate photos of another person without consent. Partner Massimo Trebar represented our client on a privately funded basis, where he argued that our client’s suspended sentence should not be activated. Ultimately, thanks to the strength of Massimo’s submissions, the suspended sentence was not activated and instead a community order was imposed.
Details of the Offence
Our client and the complainant had been in a relationship on-and-off for over a year. Our client accepted sending an intimate image of the complainant to a mutual friend, but in particular circumstances which he later deeply regretted. He had not posted this image on social media.
The complainant was later made aware by a friend that they had received an intimate photo of the complainant from our client. She had not consented to our client sharing this image and later reported the incident to the Police.
Submission of Mitigating Circumstances
Our client fully accepted that his actions were the result of very poor judgement and a lack of consequential thinking. Our client immediately regretted his actions, maintaining that he did not send the photo for any sexual or malicious reasons.
As this offence had occurred while our client was on a suspended sentence, Massimo advised our client that he was at significant risk of having the suspended sentence activated. This would mean our client would be sent immediately to prison.
At Stevenage Magistrates Court, our client pleaded guilty to the charge. Before sentencing our client, the court asked the probation service to prepare a Pre-Sentence Report and our client was released on bail.
At sentencing, Massimo made strong representations to mitigate the offence, arguing that due to our client’s specific personal background, and his expression of remorse, it would be unjust to activate the suspended sentence.
Outcome
After hearing Massimo’s submissions, the Magistrates agreed not to activate our client’s suspended sentence. Instead, it was decided to mark the breach of the suspended sentence with a fine. In relation to the charge of sharing intimate pictures without consent, our client was sentenced to a 12 month community order with a requirement to complete 20 days of Rehabilitation Activity Requirement (RAR).
This outcome was extremely favourable, as without the strength of Massimo’s submissions, our client likely would have been sentenced to immediate prison. Our client was very grateful to Massimo for his diligence and to have avoided such a severe penalty.
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Being accused of a sexual offence is very serious, the penalties for which can be severe with long-lasting consequences. At Lawtons, we have a wealth of experience when it comes to sexual offences and we will make sure that your case results in the best possible outcome. If you are facing a sexual offence allegation, do not hesitate – contact our specialist team today.
