'You're smiling in the photo, Mr Pauling': Man found guilty of being party to explicit image sentenced to community work

Joshua Pauling has lacked remorse for his offending, Judge Geoff Rea said at his sentencing. Photo / Paul Taylor

A man found guilty of being party to an intimate photograph shared on a Hawke's Bay cricket club's private Facebook messenger group has been sentenced to 150 hours of community work and nine months supervision.

Joshua Craig Pauling, 30, appeared before Judge Geoff Rea in Napier District Court on Friday after a jury found him guilty earlier this year.

He, along with Jason Trembath, was acquitted on charges of rape, sexual violation and unlawful sexual connection after a jury of nine women and three men took seven hours to deliver their verdicts in May.

The explicit photo of Pauling and the woman who accused him of rape was posted by Trembath in the Taradale cricket club's private Facebook messenger group.

It came to the attention of police months later, and they then launched an investigation.

Defence counsel for Pauling Alan Cressey suggested a sentence of community work

"He objectified and humiliated her because he thought it was funny," Crown prosecutor Steve Manning said.

Pauling denied any knowledge of the photo, saying he didn't remember it being taken and gave no consent for it to be posted to social media.

His remarks were scoffed at by crown prosecutor Steve Manning.

"You're smiling in the photo, Mr Pauling," he said.

Joshua Craig Pauling was sentenced in the Napier District Court after being found guilty of being party to an intimate visual recording. Photo / File.

Both Pauling and Trembath denied the rape charges throughout the trial, saying all sexual activity by the woman had been consensual.

Pauling originally connected with the woman via dating app Tinder and the pair met days before the alleged rape in a Napier Hotel room, however an adamant Pauling told the jury they had met in June.

The woman was later called back into court to prove that she was out of town during the time Pauling said they had met and provided proof of accommodation bookings, flights and credit card statements.

The woman had in fact been in Auckland at the time with her family and not in Hawke's Bay as Pauling had alleged.

Pauling's defence counsel Darren Foster later told the jury that it was simply a matter of Pauling mixing up his dates.

Judge Rea said Pauling lacked remorse.

You made the probation report all about you, he said

"This is quite frankly specious, you were quite clearly enjoying yourself. Your behaviour was quite unacceptable and as the jury found, criminal.

Judge Rea also ordered Pauling to undertake an assessment for counselling and any other programmes necessary.