A WARRACKNABEAL man charged with stalking and offensive behaviour has been ordered to complete a therapeutic-based corrections order.
Aaron Boyd was sentenced in Horsham Magistrates’ Court on Friday after last month pleading guilty to stalking another person and six counts of behaving in an offensive manner in a public place.
On six occasions in July last year, Boyd visited a Warracknabeal supermarket and showed a female member of staff a naked photograph on his mobile phone.
Police arrested Boyd on August 4 and seized his mobile phone and iPad.
On Friday, Melissa Schilling, representing Boyd, noted her client’s “complete lack of prior criminal history” and his “undisputed good character” prior to and after the supermarket incidents.
“He has three very small children and he wishes to support them in their endeavours,” she said.
“We seek he not be included on the sex offender register and that no conviction be recorded.”
Magistrate Mark Stratmann said Boyd’s behaviour was bizarre and raised a “whole lot of questions”, but he accepted the conclusions of a report that found Boyd suitable for a corrections order.
“At the time you were under a considerable amount of pressure relating to family, but that in no way excuses wholly this offending,” he said.
Boyd’s family and supporters filled half the courtroom during his two appearances – something Mr Stratmann noted during sentencing.
He sentenced Boyd to an 18-month community corrections order without conviction.
‘“This is a corrections order that is entirely therapeutic-based,” Mr Stratmann said.
“You have a low risk of re-offending in this kind of area.
“I’m not going to impose community work because you have a full-time job and family responsibilities.
“Knowing a little more about you today... I will not record a conviction in relation to these offences.”
Police prosecutor Senior Constable Michelle Wentworth submitted a forfeiture application for Boyd’s phone and iPad.
Ms Schilling asked that the iPad be returned, arguing the device had nothing to do with the charges.
Mr Stratmann denied the request.
“My view is that these are tainted objects. The application for forfeiture is granted and these items will be destroyed,” he said.