A Mandurah man plead guilty to one count of distributing an intimate image of another person without consent in front of the Mandurah Magistrates Court on December 21.
It is alleged that on January 9, 2021, the accused distributed intimate photos of a former romantic partner, with whom he had a child, to three legal firms via email.
In facts stated to the court, it was alleged the incident took place in the midst of an ongoing custody battle between the accused and the victim.
The accused's lawyer Deearnah Truran-Fowler said the facts were accepted and that they were seeking fines for the offence.
Magistrate Leanne Atkins was quick to dismiss this request.
"No. This is above fines," Magistrate Atkins said.
Ms Truran-Fowler argued that her client "reasonably believed" that the photos would be relevant in their family court proceedings.
Magistrate Atkins said the actions were to "cause significant embarrassment to the woman".
"Engaging in this behaviour while in an intimate relationship with a man you believe you would be able to trust that man," Magistrate Atkins said.
Ms Truran-Fowler added that her client believed their child was left alone while the victim was taking those pictures and was under the "misguided belief" that emailing the photographs was the right thing to do due to a "lapse of intelligence".
"This man is 40 years old and he expects me to accept that?" Magistrate Atkins said.
Magistrate Atkins added that among the email addresses the accused distributed images to, two were for law firms rather than individual lawyers meaning anyone at the firm would "have access" to the images.
Magistrate Atkins ordered a pre-sentencing report and remanded sentencing to January 18.
The accused is out on bail with a $1000 personal undertaking and has been ordered to stay away from the victim and must not attempt to contact her directly or indirectly.
