Professor Donncha O'Connell:

It does not go to the issue of consent that the person might have some photographs that he or she published. That does not mean consent can be questioned and it is more about whether it seriously interferes with privacy, peace, alarm or distress, etc. It is a very interesting point. I do not think it arises in the sentencing matter but the Deputy's point relates to that type of evidence, if it arose, having an influence.