Charges: Stalking x 1; Attempting to pervert the course of justice x 1.
Appeal type: Appeal against conviction and sentence.
Facts: The applicant and the complainant had been in a relationship for 18 months. There were 2 instances of violence (). After the relationship ended, the applicant followed the complainant and sent her a total of 77 text messages, 5 emails and phone calls by which the complainant felt threatened and harassed (). After the complainant made a complaint to the police, the applicant sent further emails to her threatening to release recordings and videos of them having sex if she did not withdraw the charge ().
The appellant was sentenced to a head sentence of 18 months’ imprisonment, with a parole release date after 3 months ().
Issues: Whether the conviction should be set aside and whether the sentence was manifestly excessive.
Decision and Reasoning: The appeal was dismissed.
In relation to the appeal against conviction, the appellant had argued that he was not provided with proper legal advice (). Justice Morrison (Sofronoff P and Phillip McMurdo JA agreeing) dismissed this argument as having ‘no merit’ ().
In relation to the appeal against sentence, the appellant relied on the impact of the sentence on his ability to obtain licences to work in the financial services industry (). Justice Morrison dismissed this argument because it could only be relevant to whether a conviction is recorded ().