Revenge porn charges, which a judge said should have been sent to Crown Court due to the nature of offending and the scope of sentencing options, have been admitted.
But an additional charge of assaulting the same victim is to be contested.
Lucy Carolan, from Coolnafranky Park, Cookstown pleaded guilty to two counts of disclosing a private sexual photograph or film of a female without her consent – and with the intention of causing her distress – over two consecutive days on 15 and 16 September 2022.
The 25-year-old denies assaulting the female on September 5, 2022
While no details surrounding the circumstances of the alleged offending were disclosed during the short hearing, a prosecuting lawyer stated two previous counts of harassment and misusing a public communications network by sending her an indecent message have been withdrawn.
At Dungannon Magistrates’ Court, District Judge Michael Ranaghan enquired in which court level the case is to be heard, “given the nature of the charges”.
The prosecutor advised it was staying in the lower court to which the judge replied: “That’s not something I’m overly happy about. While I know nothing about the actual facts, the maximum sentence in this court is six months. If there are aggravating features this court’s hands are tied. But the decision has been taken and I have no power whatsoever to send this to a higher court.”
Judge Ranaghan also pointed out the offending by disclosing the images twice on consecutive days, “makes the case even more serious. I could ask for a review as I’ve done before, but it tends to be pointless, so I won’t bother. I’ll simply deal with the matter at sentencing and whatever comments I make, so be it.”
He remanded Carolan on continuing bail to return to court on 25 October when a contest date is to be fixed on the assault charge.
As the direction of these cases remaining on the lower court has been criticised on a number of occasions by multiple judges since the offence came into law, the PPS was asked to comment on the decision around this case and to clarify if due cognisance around the concerns of various judges in these instances is being fully taken onboard.
A spokesperson replied, said: “The PPS received an investigation file from police in April 2023 reporting one individual in relation to allegations reported to police in October 2022. All the available evidence submitted by police was carefully considered by a Senior Public Prosecutor.
“The decision to prosecute one individual in the Magistrates’ Court for two counts of disclosing a private sexual photograph with the intent to cause distress and one of common assault issued in September 2023 after it was determined that the Test for Prosecution was met on evidential grounds and, taking all relevant factors into account, that the Magistrates’ Court was the appropriate venue for the prosecution to proceed.”
The question on due cognisance of judges’ concerns was not addressed.
