An Australian Defence Force Academy cadet who pleaded guilty to filming a threesome and sharing it on social media will be resentenced.
Daniel Matthew Igoe appealed to the Federal Court after he was sentenced to 35 days in jail and dismissed from the Australian Defence Force in April.
Justice John Logan on Friday quashed the sentence, ordering Igoe's punishment be decided by a different Defence Force magistrate.
Igoe admitted he filmed himself, a female cadet and and a midshipman having sex before sharing it with two female cadets and a civilian.
Igoe's message included a caption stating "threesomes with (the midshipman) are fun", Justice Logan said in published reasons for his judgment.
The consensual sex took place in the ADF barracks in August last year.
The sentences were later confirmed by a reviewing authority.
Igoe then took the matter to the Federal Court in June asking for his sentence to be quashed.
He argued the magistrate did not sufficiently understand the technical aspects of the Snapchat software program.
The distribution of Igoe's recording was described as a loop of about 10 seconds duration, but the case was compared to one in which consensual sexual activity was broadcast on Skype.
Australian Associated Press
