Facebook disagreement ends in fine for man who sent woman video of people getting shot

A woman was left "significantly impacted" after she received a graphic video showing people being shot, by a man who disagreed with her on vaccination. Photo / 123rf

Dylan Stephens walked from court, smiling, as his friend patted him on the back.

He’d just received a lighter penalty than he might have, after a Facebook discussion about vaccination turned aggressive and Stephens sent the woman he was debating with a short video showing people getting shot.

His exit from court today painted a different picture to that of the sullen figure in the dock, listening to the judge consider his penalty.

Stephens had initially appeared in October on charges of distributing objectionable material, said to be of a violent nature, and threatening to kill/do grievous harm by verbal threat.

At the time, the court asked for more information before deciding on a penalty.

The 35-year-old was today sentenced on the reduced charge of distributing an objectionable publication to a person, as a fine-only matter after the court was satisfied it was appropriate in the circumstances of the extra evidence provided.

The charge in relation to the threat was withdrawn.

In August last year, a woman who worked in the healthcare sector was taking part in an online conversation through Facebook.

She and Stephens were unknown to each other, but the woman expressed concern about the nature of some of the anti-vaccination posts on social media.

The woman then posted what was described as evidence-based information, and Stephens then responded to the woman via the private messaging channel on Facebook.

Stephens told the woman to “return to her own country”, despite not knowing her background and sent her a link to anti-vaccination sites.

Stephens was said to have then abused her by swearing at her and then blocked her on Facebook.

The woman considered it was the end of the matter, but Stephens then unblocked the woman and sent her a short, one-minute video that contained explicit material described as “very graphic” images of people being shot.

The woman reported it to the police, who were said to be concerned not only that Stephens had access to the video but also that he had distributed it.

Judge Jo Rielly said it was “extremely concerning”, and that no matter what his views were on vaccination, sending someone such a video was “simply unacceptable”.

She said the victim impact statement revealed a mature and robust person but receiving the video had made a “significant impact” on her.

“No one should have to view this material,” Judge Rielly said.

She said that on the basis of the evidence submitted in relation to his behaviour, she was satisfied the reduced charge was warranted and indicated a fine of $500.

Judge Rielly then stood the matter down to consider information on Stephens’ previous offending handed up late by the police, and he was fined $750 after incurring an uplift based on the new information.