A man who now lives in Mudgee, charged with calling and threatening his former landlord before using his vehicle to continue the harassment, was sentenced to a 12-month Intensive Correction Order - suspended prison sentence - with electronic monitoring and was disqualified for a year.
Ian Charles Geoffrey Macdonald of Gladstone Street, Mudgee, also faced a charge of contravening an Apprehended Domestic Violence Order, when he appeared in Mudgee Local Court on Wednesday.
At the time of the incident, the 42-year-old was renting a Peats Ridge premises from the victim who lived about 200m away. The victim claimed that Macdonald had stopped paying rent and issued an eviction notice.
However, he ignored this and continued living at the location. On Monday, December 9, 2019, the victim passed on a message to him through a third person, that he would be taking action.
At 4.26pm that afternoon, Macdonald called the victim and said he would be "coming up there to kick your f***ing teeth in" and "going to kill you". About 20 minutes later he rang again and said "I'm coming to your house to punch your head in".
The victim, fearing for his wellbeing, left the location and drove about 2km down the road to make a phone call. As he was doing so, Macdonald pulled up alongside him and followed as he drove away, before overtaking the victim and stopping in front of him.
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Macdonald exited his vehicle and began banging on the victim's bonnet, but stopped once the victim began taking photos of his actions. The victim drove away again and once more Macdonald followed him, tailgating him before eventually turning off, with the victim continuing onto Gosford Police Station to report the incident.
On Sunday, April 26, 2020, an Apprehended Domestic Violence Order was taken out against Macdonald. A condition of which being that he not approach the Person In Need Of Protection (PINOP) or her residence.
However, on Saturday, May 23, he went to the PINOP's Wyong home and took a mobile phone. The next day, when at Mudgee Police Station answering his bail for the other matter, he was told that he was under arrest for breaching the ADVO.
He said he was there to collect belongings and that he took the phone because the plan was in his name.
The defendant's solicitor, Richard Wise, told the court that his client acknowledges "he needs to do something about his impulse control".
Magistrate David Day, in noting that Macdonald was charged with 'Use carriage service to threaten serious harm', said, "I consider him very lucky not to be facing the more serious charge of 'threatening to kill' - because he used the words".