A MAN who said he was going to kill his former partner has been placed on a 15-month community correction order after being convicted of stalking or harassing with the intent to cause fear of physical harm.
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Jason Richard Smith, 47, of Claremont Drive, appeared before magistrate Catherine Follent in Bathurst Local Court.
Solicitor Shane Cunningham told the court his client had suffered a protracted acrimonious breakdown in his marriage and, as a result of the property settlement, had accrued a significant amount of debt.
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He said his client had previously worked in mining and, two years ago, had established his own company, which runs at a loss - a situation, Mr Cunningham said, which had created a great deal of strain.
Mr Cunningham said his client was frustrated, angry and upset and his emotions overtook what is otherwise "a very controlled self".
Smith's references spoke of Smith's otherwise impeccable character.
Mr Cunningham said his client had no recollection of the comments he made.
"He accepts they were said; he just has no recollection given the upset state he was in," he said.
Mr Cunningham said his client had "no intention whatsoever" of carrying out the threat and deeply regretted his actions.
Police facts tendered to the court told how Smith and his partner went to the victim's home, where Smith demanded the victim "get out here".
The victim was with a hairdressing client and did not go outside.
Smith and his partner took turns to make unpleasant remarks about and towards the victim in raised voices and in an aggressive manner, according to the police facts, including that she was "stuck up" and "a tax fraud".
The witness in the matter, who was sitting in the chair, was frightened about what was happening and reached for her phone, but Smith's partner told her: "Don't touch the phone, don't even think about ringing the police, put the phone down." The witness held on to it just in case.
A short time later, Smith and his partner left the property and attended another address, where Smith told a third person he was going to "[expletive] kill" the victim, according to the police facts.
Police attended Smith's house, where he made admissions to attending the victim's house and admitted she may have felt intimidated and unsettled by the confrontation.
In sentencing, Ms Follent said the fact it occurred at the victim's home and workplace aggravated the offence.
She said she needed to denounce Smith's behaviour and, while she accepted it was out of character, she took into account the prevalence of domestic violence in the community and the need to discourage others from committing similar offences.
