A MAN who threatened to share a woman's explicit photos "if I don't get what I want" has been warned by a magistrate that she seriously considered putting him behind bars.
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Zac Carter, 23, of Clifton Court, Kelso, was sentenced in Bathurst Local Court on March 13, 2024 after he previously pleaded guilty to threatening to distribute an intimate image without consent.
Police documents before the court said Carter sent the victim in the matter a message on Instagram at about 2.43am on May 27, 2023, asking if she could send him "something".
The woman said no, but Carter kept asking her to send photos, including making specific requests.
The victim sent three photos.
Carter wanted more from the woman but she said she wasn't comfortable, according to police.
"Looks like I'll have to send this out if I don't get what I want," Carter said as he sent through a screen recording of photos and videos the victim had previously sent.
Carter continued to ask for photos, so the victim sent two more photos in the hope that he wouldn't share her other content.
The victim asked if Carter was going to delete what he had, but didn't hear back from him.
The victim went to Bathurst Police Station at about 9.20am on June 13 to give a statement.
Police went to Carter's home on September 30 and spoke with him about the incident.
He admitted to exchanging photos and said "it was an empty threat" to send the victim's material out, according to police.
Carter was charged.
Sentence
The incident was described by solicitor James Horsburgh as a "sliding doors moment" for Carter, who upon reflection realised his behaviour was "inappropriate".
Police prosecutor Sergeant Darren Pearce said there was a high need for general deterrence with these charges and said jail should be considered.
"This behaviour is beneath a man and someone who chose to share that with you, you trashed their trust," Magistrate Elizabeth Ellis said.
Ms Ellis, who "seriously" considered jail time for Carter, said instead he would be convicted of his first criminal offence.
"My message is very clear: you will now have a criminal conviction. It shouldn't be shrugged off, it's a way the court condemns your behaviour," Ms Ellis said.
Carter was placed on a two-year community correction order, and must do 200 hours of unpaid community service work.