No appeal satisfaction for man who posted sex video
A COAST man who posted a video of his housemate masturbating on YouTube and sent a stranger a picture of his penis by text message has failed in his bid to have his prison sentence quashed.
Paul Lindsay Dever, 44, was staying in a house in Moffat Beach in June last year when - without permission - he took copies of nude images and sexual activities his housemate kept on a private hard drive in her bedroom.
After being evicted from the home, he uploaded images of the naked woman and at least one video of her masturbating to YouTube, and sent the link to the man who owned the house.
When interviewed, Dever said he had found a USB on the lounge-room floor, uploaded the video, and kept a copy of the data on a USB.
Only people who had been sent the a link were able to view the video on YouTube.
He was charged on June 13 with distributing prohibited visual recordings but while on bail on July 23, he sent a picture of his erect penis and text messages with a sexual overtone to a woman he did not know.
For that, he was charged with using a carriage service to menace, harass or offend.
Dever spent 15 days in jail before pleading guilty to the two charges in Caloundra Magistrates Court on August 17 last year.
He was given a three-year, $3500 good-behaviour bond over the messages and sentenced to six months jail for uploading the nude images, but was released on parole that day.
Two months later, Dever appealed the sentences, claiming they were manifestly excessive and that the magistrate who had heard the matter should not have accepted Dever's guilty pleas because he suffers from a mental illness.
Dever did not appear in Maroochydore District Court on February 17 when Judge John Robertson dismissed both appeals.
Judge Robertson found no reports were presented to the court about Dever's state of mind at the time the offences were committed, and that it was clear from the record of the Magistrates Court proceedings that there were no suggestions of any severe psychosis when he was in court on August 17.
"There is no valid reason why her Honour would not accept the pleas entered, when he was legally represented, and there is no basis on which the plea can be revisited and the appeals against conviction are dismissed," Judge Robertson found.
Dever's sentence, Judge Robertson found, was not excessive because he was a mature man with a lengthy history, including offences of a similar nature.