Image-Based Offences &
Lesser Sexual Charges — Cairns
You have been charged with a sexual offence that can be dealt with in the Magistrates Court. You may not have expected this to be a criminal matter at all. You may not have realised that what you did was an offence. But it is — and it carries a criminal record, potential imprisonment, and consequences for your employment and reputation. Call Sacha. The conversation is confidential and without judgment.
The Charges and What They Mean
Distributing Intimate Images — Section 223 Commonly called "revenge porn." Maximum penalty: 3 years imprisonment . This is a misdemeanour offence dealt with in the Magistrates Court. The offence is committed when a person distributes an intimate image of another person: Without the other person's consent, and In a way that would cause the other person distress reasonably arising in the…
What to Do First
Do not delete evidence from your devices If your phone, computer, or other devices have been seized — or if you expect them to be — do not attempt to delete, factory reset, or destroy any evidence. Destroying evidence is itself a criminal offence and will be used against you. If devices have not been seized, preserve them as they are and tell Sacha what they contain. Stop all contact with the…
The Court Process
These charges are dealt with in the Magistrates Court . The process is generally shorter and less complex than for matters in the District Court. First appearance Your first court appearance is a mention — you do not need to enter a plea on the first day. Sacha appears with you and, if needed, adjourns the matter to allow time to obtain and review the prosecution brief. Prosecution brief Sacha…
Consequences Beyond the Courtroom
Criminal record A conviction for any of these offences creates a permanent criminal record — visible on police checks, affecting employment, travel, and professional registration. The question of whether a no-conviction order is available is often the most important issue at sentencing. Employment A sexual offence conviction — even for image-based offences or indecent acts — can have serious…
Image-Based Abuse — A Growing Area of Law
The non-consensual sharing of intimate images — sometimes called "revenge porn" or "image-based abuse" — was criminalised in Queensland in 2019. The law has been designed to be broad: It covers any form of distribution — sending to one person, posting on social media, uploading to a website, or making available through any platform It does not require intent to cause distress — the question is…