No jail for man who filmed boy, sent lewd material

A MAN who filmed an 11-year-old boy getting undressed and sent lewd material to a 13-year-old boy won't be going to jail.

The 24-year-old, who cannot be named for legal reasons, was sentenced yesterday at Lismore Local Court on charges of using a carriage service to send indecent material to a person, two counts of filming a person in a private act without consent, and six counts of possessing child abuse material.

The charges relate to offences committed between April 2011 and December 2012, including twice filming an 11-year-old boy getting undressed, possessing child abuse related photos and videos and sending indecent material to a 13-year-old boy via Facebook.

The man's defence barrister, Megan Cusack, told the court her client suffered from diabetes and would not have access to adequate treatment if sent to jail.

Ms Cusack said her client had been suffering from depression since being charged with the offences and had lost most of his friends.

Prosecutor Clare Magni argued the man's indecent behaviour had escalated and he had a high probability of re-offending.

In sentencing, Magistrate Jeff Linden detailed some of the man's inappropriate Facebook messages.

"There can absolutely be no doubt that is disgusting behaviour toward a victim of that age," he said.

"Children don't and can't consent to this activity."

Mr Linden sentenced the man to a 15-month suspended sentence and ordered him to surrender $1000 as surety before entering into a three-year good behaviour bond.


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