Published 27 February 2023
Sentence — causing harm by posting digital communications — discharge without conviction — Harmful Digital Communications Act 2015 — Sentencing Act 2002, s 106. The defendant was for sentence on two charges of causing harm by posting digital communications. The defendant and her two victims had previously been colleagues, and she blamed them for an event that had led to her being dismissed from her job. The defendant reacted by sending both victims a series of abusive Facebook messages, some sent from an account that she had created under a fictitious name. The messages caused both victims to fear for their safety. The defendant applied for a discharge without conviction, arguing that she had mental health problems and that a conviction would make it hard for her to find employment. However the Court observed that the offending was sustained and premeditated, and had had major impact on the victims. Therefore it would not be appropriate to grant a discharge without conviction. The Court convicted the defendant and then discharged her. Judgment Date: 31 March 2022
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