WISHING death upon a woman in a drug-fuelled tirade and stealing a phone from another person has seen a 41-year-old man told by a court to quit using.
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Michael Bernard Lloyd Fardell of Ophir Street, Bathurst was sentenced in Bathurst Local Court on March 20, 2024 after he pleaded guilty to:
- Contravening an Apprehended Violence Order (AVO),
- Stealing, and
- Intimidation.
On January 13, Fardell made a call to the victim - who is a protected person in an AVO - by a public phone, asking to be picked up from the Bathurst cemetery, court papers say.
After the victim collected Fardell around 7.30pm, the pair got pizza before they spent the night at the victim's home.
The following morning around 7am, Fardell went into the victim's bedroom and asked for cigarettes and money.
But the victim said no, which started an argument.
The court heard a short time later the victim noticed his phone was gone, and - as court papers say - he thought Fardell had stolen it so he could resell it for drugs.
Police went to a home in Windradyne and spoke with the victim, before Fardell was arrested on February 8.
On a separate occasion, court documents state a different victim got a voice message from Fardell on February 6, where he said "you are a f-----g mutt, I am going to find out where you live and burn it down".
The next day, Fardell left the woman a second voice message that said "f--k you, die s--t" followed by other abuse messages.
The victim went to Bathurst Police Station on February 8 to report the messages.
Fardell was arrested that afternoon when he told police to "stay the f--k out of" his problems.
Sentence
LEGAL Aid solicitor Keith Kuan told the court his client was "upset with the victim at the time" in regards to the messages.
Mr Kuan then explained Fardell's bi-weekly drug use was the underlying problem in all of the charges.
"He's on NDIS support and he's using meth. He's got to stop using and threatening people," Magistrate Rodney Brender said in open court.
Fardell was put on a one-year community correction order and fined $1000.