The victim was left with a shattered sense of security and was now afraid, anxious and distressed.
Name suppression lapsed for 22-year-old Mati during sentencing in the Nelson District Court this week.
The mother of two, who aims to start nursing training next year, has a third child due early next year.
It was a factor in Judge Rielly’s decision to discharge Mati without conviction on a charge of causing harm by posting a digital communication.
“You have big dreams and were making really positive steps to train in a vocation that involves caring for others,” Judge Rielly said.
Mati initially denied the charge laid after she posted images on three occasions over two days in March this year, but after negotiations with the police, she changed her plea to guilty.
Mati’s lawyer, Rosa Brooke, argued she had at least censored the images by covering up the most explicit aspects.
Police prosecutor Sergeant Daryl Fenemor said Mati had censored the images with “pumpkin emojis” but it had not reduced the impact on the victim, and there was little to suggest from Mati’s apparent lack of remorse that it would not happen again.
Judge Rielly said that while it was submitted that the censored images made her actions less serious, she had failed to take into account that “significant parts of her body” were able to be seen.
“It also ignores the nasty captions you added in an attempt to increase the level of emotional impact on a platform viewed by many young people.”
Judge Rielly was concerned that Mati lacked insight into the level of harm she had caused.
“I am concerned you have not for a moment stopped to place yourself in her shoes,” Judge Rielly said.
She said Mati’s remorse appeared to have arisen only because of the situation she found herself in before the court, and her offer of an emotional harm payment seemed to be self-serving to help with a discharge without conviction.
Judge Rielly accepted the offending was out of character for the young woman who many knew as “kind, compassionate, loving and giving”, and also a good role model in her community.
“Ms Mati, this is one of the most difficult balancing exercises that a court has to do.
“We’re dealing with a young woman who is described as such a good person, who has done well in life, is well supported and who has dreams – big dreams,” she said.
When considering the potential consequences of a conviction, Judge Rielly considered it outweighed the gravity of the offending and granted Mati a discharge, with an order that she pay emotional harm reparation of $1500.
Judge Rielly said Mati had contributed to the harm caused to others through the misuse of social media that courts around the country dealt with daily.
Her final comment to Mati was that she never wanted to see her back in court again.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
