A man, who continued to stalk his former partner even after they broke up and recorded them having sex without permission, has returned to court for his appeal.
Subscribe now for unlimited access.
or signup to continue reading
The man returned to court for sentencing following an adjournment to enable a Community Corrections Order and psychological report to be made, prior to sentencing.
"You've repeated again and again," Judge Kellie Blair said to the man.
"You've got eight priors for stalking. This is nothing new to you.
"You've got a checkered history and checkered history with corrections."
A court previously 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, but eventually all relations ceased.
He also recorded the victim and himself having sex without her permission.
Judge Blair said when the victim said she didn't want anything to do with the man, he should've walked away but didn't.
She said in the face of a court order that had been made, the offender continued to contact the victim, including playing a recording of a sexual act with the victim. There is an Intervention Order in place until 2025.
"Your behaviour has caused her extreme trauma and distress," Judge Blair said.
The judge said the man's offending was serious, had a "huge impact" on the victim, and also affected her children, which heightened her trauma.
The court heard the victim lost trust, felt unsafe, drained, bullied, betrayed, and humiliated. Prior to the offending, she used to be outgoing and trusting.
"I want to make it clear that you're to not have any contact with her," Judge Blair said.
The court heard the man was deemed unsuitable for a Community Correction Order (CCO).
Prosecutor Jessica Mackay said in the opinion of Corrections, a CCO was not a sufficient deterrent given his recurring offending.
She said he had been on 12 orders previously, with six cancelled.
The court heard there were two previous periods of parole, with one being breached. The other parole period was completed, but a subsequent audit showed breaches.
Ms Mackay said the offender took full responsibility for his behaviour, but the psychologist who assessed him had an unequivocal view.
The court heard the man lacked insight into the seriousness of offences and the impact on the victim, and tried to explain and justify his offending.
The man's stalking risk profile assessment indicated the man had entitlement to relationship by any means which included stalking behaviours.
The court was told the man completed a number of behaviour programs, and underwent therapy.
"A question hangs over the receptiveness of the appellant to treatment," Ms Mackay said.
The prosecutor said the offender developed strong rapport with his initial psychologist, but it was terminated due to behaviour of the man.
She said he reported difficulties in developing rapport with his most recent psychologist due a lack of face to face sessions, but he was offered face to face and refused them.
The prosecutor said a period of imprisonment was warranted.
Representing himself, the man said the subject of receptiveness was an interesting one.
"I know the difference between right and wrong, but I continue to make poor choices," the man said.
He said it affected his family and the victim.
The offender said he was receptive because he acted differently in this most recent relationship than in the past.
"I've been in intense therapy," the man said.
The court heard the man had borderline personality disorder.
"He's got a bdp which probably never going to be cured," Judge Blair said.
"Your moral culpability is reduced. For me the question comes down to how to best protect the community."
"The judge said community protection was important and can be achieved with treatment and orders.
She said she took the offender's guilty plea, his partial remorse, the burdensome nature of custody, and the support of his family and mother's ill health into account.
Judge Blair sentenced the man to nine months imprisonment, an 18 month CCO, and Judicial Monitoring.
The man has already served 243 days pre sentence detention.
The man thanked Judge Blair for a fair hearing, and apologised to the victim who was present for the appeal.
The offender's father, who was also in court, spoke of the impact of his son's offending on everyone and if he were to reoffend, he wouldn't support him anymore.
He also spoke of the intergenerational trauma and PTSD he passed onto his son.
Digital subscribers now have the convenience of faster news, right at your fingertips with the Bendigo Advertiser app. Click here to download.
