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R v Leon [2019] NZDC 2841

Published 22 August 2019

Sentencing — blackmail — harm caused by posting harmful digital communication — online — social media — nude photos — lack of remorse. The defendant appeared for sentencing in relation to one charge each of blackmail and causing harm by posting a harmful digital communication. She had tried to blackmail the complainant into giving her money. She threatened to post nude photographs and photographs of the complainant wearing women's clothing online if he did not pay her over $2000. The complainant refused and the defendant posted his photos on five social media sites. This caused the complainant great distress, cost him social relationships and caused trouble in his relationship with his current partner. The defendant showed limited remorse, seemingly only regretting her actions because of the charges laid against her. She and her family didn't think blackmail was a big deal and thought it was acceptable in their culture. For this reason, the Crown submitted the defendant was not suitable for home detention and should face a sentence of imprisonment. The Judge disagreed and sentenced her to six months' home detention, followed by six months' post-detention conditions and gave her a stern warning about following her sentence conditions. If she did not strictly comply, the Judge warned her sentence would be changed to one of imprisonment. Judgment Date: 18 February 2019.