Mr. Brian Cheng, PP, of the Department of Justice, for HKSAR.
Mr. Samson Hung instructed by M/s Chow Wong & Lawyers, assigned by the Director of Legal Aid, for the defendant.
Offences:
(1) Threatened publication of intimate images without consent（未經同意下威脅發布私密影像）
(2) to (6) Publication of intimate images without consent（未經同意下發布私密影像）
________________________
REASONS FOR SENTENCE
________________________
The defendant pleaded guilty to a charge of "Threatened publication of intimate images without consent" (Charge 1) and 5 charges of "Publication of intimate images without consent" (Charges 2 to 6). The victim, Miss X, was his ex-girlfriend.
Summary of Facts
2.
The defendant and X met in 2019 when they were attending the same secondary school. They began their courtship in early 2021. In early May 2023, X broke up with the defendant; however, they maintained contact as friends.
3.
On 3 June 2023, X stopped replying to the defendant's messages which were sent to X's various social media platforms.
Charge 1
4.
About midnight on 5 June 2023, X received text messages from the defendant via WhatsApp. He demanded X to reconcile with him; or otherwise her sex video clips would be published on Instagram. The defendant's text messages included
"Do you believe I would post your naked photos on Instagram?"
;
"I would post these 2 video clips first and the 3
rd
one would show your face"
; and
"I will send those to your teachers"
.
Charge 2
5.
About 5:50 a.m. on 5 June 2023, X received 7 video clips and 3 photos from the defendant via WhatsApp. Three clips depicted sexual intercourse between X and the defendant; 2 depicted X's private parts; and 2 depicted X and the defendant masturbating. One photo depicted X's private parts; and the other 2 were screen captures of the defendant having sent X's sex video clips to 2 of his contacts on the same day via WhatsApp coupled with text messages
"Brother, are these good?"
and
"Am I large?"
.
Charge 3
6.
About 5:14 a.m. on 5 June 2023, Miss Y, a common friend of X and the defendant, received a video clip via Instagram sent from an account named "ck2.3.j". The clip depicted X and the defendant engaging in sexual intercourse. Y showed X the clip. X confirmed that the clip depicted her and the defendant; and she did not consent to its publication.
Charge 4
7.
About 5:41 a.m. on 5 June 2023, Y received 3 video clips and 3 photos via Instagram sent from an account named "ck23chicken". One clip depicted X and the defendant engaging in sexual intercourse; and the other 2 depicted X's private parts. One photo depicted X's private parts; and the other 2 depicted X's feet. Y showed X those clips and photos. X confirmed that the clips depicted her and the defendant;
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