A Cobar man had tears in his eyes as he was sentenced for repeatedly filming a woman without consent during intimate acts.
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Clinton Everett will spend the next nine months behind bars after posting intimate images of a woman to Snapchat to "prove a point".
In a statement of agreed facts tendered in court, the 27-year-old first came into contact with the woman on the dating app Tinder in September 2019.
After two weeks, the pair added each other on Snapchat and in March 2020 the pair were engaging in consensual sex when Everett picked up the woman's phone.
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The next day, court documents said the woman found a 30 second video on her phone she did not consent to being involved in.
The woman later met Everett again in country NSW in June 2020, and one night after being at a bar together, left to go to bed because she was feeling unwell.
After she went to bed, court documents state one of Everett's friends, Jack Barnes, opened the door to the room and asked what she was doing.
"Trying to sleep," the woman said.
According to court documents, Barnes got into bed with the woman. Everett came in and the three entered into group sex.
While that was happening both men took photos and videos, and posted them on Snapchat.
"Why have you got your phone? Put it away," the woman said to Everett before she managed to knock the phone out of his hand.
Everett responded by telling her, "I don't need to be here, I can just go back and have a drink with the boys".
"I don't need you, I can f--k whoever I want."
The woman asked what was going on, when Everett continued verbally abusing her.
"I just wanted to prove a point," he said.
"I can f--k whoever I want ... I just wanted to prove a point you're a slut. I always knew you were."
As Everett began to get dressed, the woman said she didn't understand his behaviour when he again verbally abused her.
"You're such a clingy thing, you always want to hold my arm when there are other girls around," he said.
The woman said it was because she missed him and want to be with him.
Everett replied saying "it's like you are trying to claim me as yours, but at least I can go and f--k my ex".
As he packed his bags, court documents said Everett walked over to Barnes, gave him a high-five and said "good work".
"This wasn't a once-off when he was intoxicated. Even in the context where he wasn't intoxicated he doesn't have insight to know that consent is required
- Prosecutor Hallie Warnock
"I thought so highly of you. But I was so wrong, you're just a slut," Everett told the woman.
"I never want to see you again, you need to be gone by morning."
After police began investigating the incident, Everett was also charged with one count of failing to comply with reporting obligations.
Court documents state he received a conviction at Dubbo District Court in August 2013 for having sexual intercourse with person between 10 and 14 years old.
He was placed on child protection register which requires him to report to police and in October 2020 Everett failed to comply with his obligation.
Supported by his mother and father in Dubbo Local Court, Everett pleaded guilty to two counts of recording an intimate image without consent, one count of distributing an intimate image without consent and one count of failing to comply with reporting obligations.
On Thursday, defence barrister Alan Conwell said the agreed facts were "silent" on the extent of distribution of the woman's images and argued messages on Snapchat automatically deleted.
"Intoxication doesn't excuse the crime at all, but what it can do is perhaps point to the impulsive nature in these two instances," he said.
The court heard Everett previously served time behind bars for an offence in 2012, because the suspended sentence was revoked due to repeated failures to comply with reporting obligations.
Mr Conwell said Everett had complained to police about the woman allegedly calling his ex-girlfriend in July 2020 and explained he was not trying to avoid reporting to police, because he expected them to speak with him about the incident.
The court heard a sentencing assessment report showed "tremendous remorse" for the incident, and "felt deeply for the hurt he's caused" to the woman.
"What he's done is disgraceful...there's no doubt about it, it's disgraceful conduct," he said.
"He has a solid family, he has solid employment, he is paying off his house he owns, paying off the car he owns, he's a a solid contributor to the community," he said.
Prosecutor Hallie Warnock however said despite his strong standing in the community, he had a history of disregarding court orders.
"We have a violation of trust during an intimate act," she said.
"The truth is it's not known how far the videos were spread because of Snapchat's nature.
"Snapchat is a prime app to use for exactly these kind of offences.
"This wasn't a once-off when he was intoxicated. Even in the context where he wasn't intoxicated he doesn't have insight to know that consent is required."
Ms Warnock said a psychological report found Everett had an above average risk of reoffending.
"He's abused a position of trust," she said.
Magistrate Gary Wilson said Everett's conduct had a "continuing and profound effect" on the woman.
"Certainly your criminal history doesn't support any degree of leniency," he said.
Magistrate Wilson convicted and sentenced Everett to 12 months in jail, with a non-parole period of nine months.
He will be eligible for parole in September 2022.
Barnes was also convicted in November of intentionally recording and distributing an intimate image without consent. He received a two-year community corrections order.