Conviction avoided over sharing of photos

Photo: ODT files
Photo: ODT files
A teenager who shared a nude photo of a girl with his mates because he was ‘‘annoyed at her’’ has avoided a conviction.

Leonidas Henri Nichols, 18, appeared in the Dunedin District Court yesterday after earlier pleading guilty to a charge laid under the Harmful Digital Communications Act.

The court heard that on October 17 the defendant sent texts to the teenage victim, which ‘‘touched on personal traumas’’ of the victim and caused her distress.

That night, Nichols also sent two explicit photos of the girl to two of his school friends via social media platform Instagram. One was a nude photo from when the girl was between 14 and 15 years old.

Nichols admitted to police he sent the photos and said ‘‘he wanted her to be annoyed because he was annoyed at her’’, a police summary said.

In a statement to the court read yesterday, the victim said she was shocked by the defendant’s actions and experienced significant emotional distress.

She felt ‘‘betrayed and violated’’ by the defendant and could not study or work because she struggled to focus since the incident.

She did not know he had the images of her on his phone.

Counsel John Westgate described Nichols’ actions as ‘‘thoughtless and impulsive’’ and highlighted at the time of the offending, the defendant had recently turned 18 and was still at high school.

He said the defendant’s career prospects and future opportunities would be affected by a conviction and pointed out the stigma a conviction for this offending would carry.

If convicted, the consequences for the teenager would be ‘‘life-changing’’, Mr Westgate said.

Nichols acknowledged he had acted in a ‘‘selfish and thoughtless’’ way, but had since engaged in a stopping violence course and written an apology letter to the victim.

He realised the victim did not deserve to suffer the pain his actions had caused and wished he could take it back.

Judge Maria Pecotic noted Nichols had no prior convictions and was ‘‘just starting out in life’’.

She granted his application for a discharge without conviction.

‘‘Convictions do shut doors to opportunities that would ordinarily be available,’’ the judge said.

‘‘It is unlikely you will ever come before the court again.

‘‘I am prepared to give you this one chance to keep a clean record.’’

The judge directed Nichols to pay emotional harm reparation of $1000 to the victim and ordered the phone he used for the offending be destroyed.

felicity.dear@odt.co.nz

 

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