A MAN found guilty of stalking his former partner has pleaded for a less severe sentence due to the ill health of his mother.
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The man, who cannot be named for legal reasons, appeared in the Bendigo County Court today, said he "felt remorse and shame" for his crimes.
Appearing from custody via video link and representing himself, the man said he wasn't in court to protest his innocence because he was not innocent.
The court heard the accused and the victim were in an intimate relationship for 18 months before ending the relationship, but continuing to meet for sex afterward the relationship ended.
The sexual relationship between the parties ceased and the victim said she didn't want anything to do with the offender.
In March, the man contacted the victim multiple times, attended her place of work, and sent her mail.
He also recorded the victim and himself having sex without her permission.
When the woman saw part of the recording, the court heard she was visibly upset and ill and said she hadn't given permission for it to be recorded.
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She said the man's offending was a "serious example of stalking."
The prosecutor said filming sex without permission was a "gross breach of the victim's trust and privacy."
The offender pled guilty to stalking and contravening conduct of bail in June.
He was originally sentenced to 18 months jail, with a non-parole period of 10 months, and a two month Federal sentence, which he appealed.
The victim attended court with others who provided support
Choosing to sit in the part of the courtroom where she could not see the appellant on the screen and vice versa, the victim was visibly distressed throughout the appeal. She opted for her victim impact statement to not be read aloud.
The court heard the offender's mother was seriously ill and had suffered three falls, a broken wrist and a stroke.
"I have felt helpless and extremely upset to hear of her accidents and deteriorating condition," the man said.
"Your Honour, with sincerity I'm asking you to consider an alternate form of sentencing."
The man asked Judge Blair for a combination sentence which he said would benefit the community as he would spend more time being monitored by corrections, his mental health issues could be treated, and he could assist his father and sick mother.
"What do you want to say about the matter? What penalty do you want?" Judge Blair said to the offender.
"You can say what you want."
The Judge asked about the programs the man undertook in custody, his parole status, his case worker, his current orders, drivers license, employment, his mental health, family, and lockdown in custody due to the COVID-19 pandemic.
"I am extremely embarrassed and feel remorseful for the video I took," the appellant said.
He said he was shortlisted for several behavioural programs and was working while in custody.
The court heard of the burdensome nature of custody during the pandemic and the appellant having shingles and the COVID-19 virus during his time in prison.
The offender's father who attended court, said he was "greatly sad" and "disappointed" about the matter and it would be problematic for his son to come home but would help in the care of his ill mother.
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"Clearly he has mental health problems. I don't use that as an excuse for his behaviour," the father said.
"My wife and I are absolutely traumatised by this whole business."
Judge Blair warned the appellant that she might give him a longer sentence than what he originally been given.
"I think you need a longer period of supervision in the community," she said.
"What you've done is atrocious and you've done it in the past."
Judge Blair told the victim she didn't want there to be other victims like her.
She adjourned the appeal to November 14 at the Melbourne County Court to allow for a Community Corrections Order and psychological report to be made.
The appellant, who has served 184 days of pre sentence detention, remains in custody.
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