A Dunedin man who sent a secret sex tape to dozens of his rugby mates has failed to have his conviction quashed.

Thomas Ryan, 24, lost his substantive appeal, heard in the High Court at Dunedin this month, but had one minor win.

His $2000 cellphone, which had been instrumental in committing the crime, was returned to him after Justice Melanie Harland overturned a forfeiture order.

Ryan, who was sentenced to nine months’ supervision for making and distributing an intimate visual recording, met his teenage victim while socialising in Dunedin in June.

They returned to his flat and, unbeknown to the woman, the defendant recorded a five-second clip of the intimacy that ensued.

Ryan then sent the footage to a Snapchat group of more than 30 people, featuring fellow members of his Green Island rugby team and others.

He captioned the video: “up the battlers” — a reference to the team nickname.

His 24-year-old flatmate and rugby team-mate Oliver Bugden saw the video and later entered the bedroom to film the pair in bed.

It was the second video that led to the identification of the victim and the police’s involvement, the court heard.

In an affidavit, Ryan said he had objected to Bugden’s actions and then swiftly deleted his own video.

Justice Harland accepted that, but said the second video would not have take place had the initial crime not been committed.

Counsel Anne Stevens KC argued the sentencing judge had wrongly assessed the seriousness of Ryan’s crime and placed insufficient weight on the consequences a conviction would have on a prospective teaching career.

The defendant had been coaching sport at a high school and had been encouraged to consider entering the teaching profession.

Justice Harland said regardless of whether a discharge without conviction was granted, the Teaching Council would be made aware of Ryan’s offending when considering his application for registration.

Though a conviction would provide a barrier to Ryan’s goal, “the door to a career in teaching will not be completely closed”, she said.

“The Teaching Council is best placed to assess how much weight to give to a conviction like this in light of all other relevant matters,” Justice Harland said.

Shortly after the charges were laid, Ryan engaged in counselling sessions and began attending Alcoholics Anonymous.

He had “glowing” references from his rugby club, his employer, his mother and a family friend as well as a positive report from his therapist to help push his case, the judge stressed.

She dismissed the appeal against conviction but ruled the forfeiture of Ryan’s phone was “not necessary”.

It would returned to him once police were satisfied the video was irrecoverable.

In the aftermath of the scandal, Green Island Rugby Club said it would collaborate with other agencies to provide player workshops addressing that type of behaviour, an initiative Otago Rugby was considering rolling out across the region.

rob.kidd@odt.co.nz , Court reporter

 

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