A Dunedin man has avoided a jail term after posting explicit
sexual images of a woman on an internet porn site because he
believed she had "egged" his car.
Dion Shane Kyle, 32, unemployed, had become very angry when
his car was "egged" on December 7 last year.
He decided a particular woman was responsible and published
graphically explicit sexual images of her online, tagging
them with her name.
When the woman became aware of the images and asked for them
to be deleted, Kyle removed them.
"But the damage had already been done by that time," Judge
John Macdonald told the defendant, who was sentenced in the
Dunedin District Court yesterday.
Kyle earlier admitted breaching a Domestic Violence Act
protection order by behaving in a psychologically abusive way
to the woman.
It was behaviour which, the judge said was "very much in
character" for the defendant, who had an extensive criminal
history, with several convictions for breaching protection
What he had done was upsetting and embarrassing for the woman
and she was still very affected by it. Although the defendant
now said he regretted his actions, that might not be much
help to her, the judge said.
Defence lawyer Andrew Dawson said Kyle acknowledged it should
not have happened. He had removed the images 10 days after
posting them on the site but accepted they could have been
copied by others before they were deleted. He had not
expected anyone other than the woman to see them.
There had been no issues since the incident and Kyle and the
woman had met in a controlled environment. There had been
some interaction and he had tried to put things right and to
address the emotional impact on her. His income was limited
at the moment, but he had been accepted for a job in Golden
Bay and would be able to pay emotional harm reparation by
At the time of the offending, none of the therapeutic
interventions of Kyle's release conditions had "kicked in",
Mr Dawson said. The defendant was now doing well with
counselling and programmes and was particularly concerned
about losing his place on those programmes if he went back to
Judge Macdonald said he had seriously considered imprisonment
but acknowledged that could be a retrograde step, as Kyle
seemed to be doing well on his release conditions. He had not
offended since December and was planning to move from the
On the charge of breaching a protection order, Kyle was
sentenced to 12 months' intensive supervision, with special
conditions and 160 hours' community work, on top of his
He was also ordered to pay $750 emotional harm reparation.