August 9, 2019

BMA – No jail time for client charged with stalking/intimidating and contravening AVO

Facts: Apprehended Domestic Violence Order (ADVO) contravention using carriage service to menace/harass/offend

BMA was under an Apprehended Domestic Violence Order (ADVO) from his former partner.

Over two months, the victim alleged she had received in excess of 100 phone calls to her two mobile numbers from a no caller ID number. On 35 of these occasions, voicemail messages had been left on the victim’s mobile phone. The voice in the messages sounded like that of BMA.

The victim had blocked the phone number of BMA some time ago and only started receiving phone calls from the no-caller ID number following this.

BMA was charged with:

  • two counts of using carriage service to menace/harass/offend,
  • contravention of an ADVO,
  • and stalking / intimidating.

Outcome: Pleas of guilty lead to good behaviour bonds and community service

O’Brien Criminal and Civil Solicitors successfully represented BMA at the Sutherland Local Court in Sydney’s southern suburbs. The client instructed that our criminal lawyers enter pleas of guilty to all offences before the Court. Consequently, BMA’s matters were listed for sentence. The Court ordered a pre-sentence report.

After considering the report and our submissions, Her Honour agreed to deal with the matter by way of a good behaviour bond and community service.

In relation to the two charges of using carriage service, BMA was convicted. But, to be released upon:

  • entering a recognisance of $300 to be of good behaviour for a period of 18 months,
  • and a $300 recognisance to be of good behaviour for a period of two years, respectively.

In relation to the contravention of ADVO charge, BMA received a sentence of 50 hours of community service. In relation to the stalk/intimidate charge, BMA was convicted and sentenced to a good behaviour bond for a period of 18 months without supervision.