A former Sydney police officer who accessed intimate photos on the phone of a woman he'd arrested and shared them on social media has been spared jail time.
But if it were not for a "protected document" from the police he would be behind bars, magistrate Jennifer Atkinson said in Downing Centre Local Court on Tuesday.
Steven Albee, 29, pleaded guilty last year to using a carriage service to menace, harass or offend after the incident in 2017 which involved uploading photos of the woman's genitals to a Facebook chat group shared with four colleagues.
Ms Atkinson convicted Albee and imposed the commonwealth equivalent of a two-year good behaviour bond, noting she would have sent him to jail without the confidential letter.
"That is a very important document because apart from that, I would have been looking at imposing a custodial sentence," she said.
His recognizance release order carries a $1000 fine.
Albee had been in a "unique position" as a police officer and privy to a significant amount of "very sensitive" information, the magistrate said.
"There are very strict guidelines as to what a police officer may or may not do."
Albee arrived at court carrying an empty plastic bag and made a dramatic exit in the front of an ambulance with a newspaper over his face. He was too unwell to stand for the entirety of his sentence.
The 29-year-old was a constable working in western Sydney when he arrested his female victim during a traffic stop for refusing a roadside drug test, according to the agreed facts.
He seized the woman's phone and had it analysed using investigative software.
The phone contained three photos of the woman's vagina and one of her partner's penis and torso.
Albee uploaded two of the photos to the Facebook message stream, telling its members they depicted the woman and came from her phone.
The chat group was subsequently closed.
The woman was upset and embarrassed when she learned that the photos intended for her and her partner were seen by other people, court documents state.
The man was angry and upset.
Prosecutor Karthigeyan Kanagasabapathy submitted Albee, as a then serving police officer, had used his powers and available resources "flagrantly contrary" to community expectations.
Outside court, solicitor Warwick Anderson said Albee was "horrified", remorseful and has apologised to his victims.
"He's lost his career, he's paid a very, very heavy price," Mr Anderson said.
"He's got some serious medical problems that pre-date this issue and ... but for having to come to court today, he'd be at home or in hospital.
"(I) think he got out of a sick bed to be here, as you can see, he's quite ill."
Albee was suspended with pay upon his arrest but the court on Tuesday heard he has since resigned from the police force.
Australian Associated Press
