Suspended sentence for posting pictures of ex-girlfriend on Twitter
In August 2014, Jacob Barry made what his lawyer describes as a terrible judgment when, upset over a breakup, he posted explicit photos of his ex-girlfriend on Twitter.
The incident led to the 20-year-old Corner Brook man being charged with extortion. He pleaded guilty to the charge during an earlier court appearance and, Friday morning, was handed a suspended sentence and probation. That’s despite the provincial Crown seeking a jail sentence of between six and 12 months.
In an agreed statement of facts, the court heard that Barry posted a photo of the girl on Twitter in which she was wearing only thong underwear and a bra. A friend of hers saw the picture and contacted her.
She then contacted Barry and offered him money to remove the picture. When she asked how much, he asked for $500.
The two had arranged to meet, but the girl changed her mind after being advised not to do so. This led to Barry threatening to post more pictures if she didn’t give him the money.
He later posted more pictures — one which showed the girl’s breasts and another of her fully naked on a bed. He also indicated there were many more to come.
Barry took the pictures down after about 20 minutes.
In a cautioned statement to police, Barry said he was mad and emotional at the time and the posts were not meant to get money, but to get the girl to talk with him.
In his submission on sentencing, Crown attorney John Noseworthy said he felt a period of incarceration was necessary given the seriousness of the charge.
Once photos like the ones posted get out there, said Noseworthy, they are difficult, if not impossible to get back. He said the victim has to live with that.
Barry’s lawyer, Robby Ash, told Judge Catherine Allen-Westby the sentence suggested by the Crown was “not even in the ballpark” of what should be considered, even referring to it as “draconian.”
Ash said the extortion was a unique type of extortion, that the pictures were made available to a “limited number of people,” and that the accused took them down after about 20 minutes, so they had a limited exposure.
He said Barry’s decision was influenced by alcohol and drugs and the indiscretion of one night would have a devastating impact on his life if sentenced to jail.
Ash said a jail sentence could undo the changes the young man has made in his life.
He said general deterrence could be achieved by a properly crafted probation order, along with appearing in court with a reporter taking notes and his picture for the newspaper.
Barry also spoke on his own behalf, apologizing to the court and his victim for his actions and saying he regrets what he did.
Allen-Westby ultimately agreed with Ash and suspended sentence, placing Barry on probation for 24 months.
Barry must also make a $1,000 donation to the local woman’s shelter, Willow House, and pay a $100 victim fine surcharge to the court.
His cellphone and laptop were also ordered forfeited. He is to have no contact, directly or indirectly, with his victim, although a letter of apology he wrote to her and presented to the court will be delivered to her.
He must also submit to a DNA order.