Application for discharge without conviction — posting harmful digital communications — Facebook — group chat — Snapchat — Harmful Digital Communications Act 2015, s 22 — Sentencing Act 2002, s 36(1)(c). The defendant applied for a discharge without conviction after pleading guilty to posting harmful digital communications in contravention of s 22 of the Harmful Digital Communications Act (the Act). She had accessed a former partner's Snapchat account and saved at least 19 personal photographs taken by the former partner. Those photographs were intimate and sexual in nature and would naturally cause a large amount of embarrassment and distress to the victim if they were distributed. She then put them into a group chat with a link to the victim's Facebook page. The victim began receiving unsolicited messages from the defendant's friends making fun of him. The defendant sought a discharge without conviction. A discharge without conviction could only be granted if the Judge was satisfied that the direct or indirect consequences of a conviction would be out of all proportion to the gravity of the offending. The gravity of the offending is to be assessed by reference both to the offending itself and the defendant as the offender. The offending was planned, with the dissemination targeted and timed to cause as much distress to the victim as possible. The defendant had been otherwise of good character, took steps to rehabilitate herself, offered to undertake restorative justice and had good employment. There was risk a conviction would impact negatively on the defendant's career prospects, especially as she was only 24 at the time of offending. If the defendant paid reparation the offending would be assessed as low to moderate, which would make the consequences of conviction out of proportion to the offending. The defendant was ordered to pay $3000 emotional harm reparation to the victim and was granted the discharge without conviction. Judgment Date: 2 May 2019.