Community detention for harassment

A Dunedin man referenced the Rambo movies and threatened to ''burn Dunedin to the ground'' when social services lost one of his kids, a court has heard.

James Bradley Smith (33) had been estranged from his two children for nearly two years in April when he was informed by the Ministry for Vulnerable Children, Oranga Tamariki that one had absconded from caregivers.

The Dunedin District Court yesterday heard how the ministry's relationship with the defendant had been fraught in the months before the incident.

Smith had sent 16 abusive emails stretching back to December and on Christmas Day last year sent one which contained profanities and expressed hatred for a senior staffer.

After news of his child's absence reached him, the defendant snapped.

''I'm not happy and Rambo is a word I know,'' he wrote in an email to the ministry employee.

''If people hurt my sons they are my enemy. I know Dunedin now!!!!!!!! Try me.''

Two minutes later, the Rambo-themed rant continued.

''If any one hurts my sons. I will burn Dunedin to the ground. And you.''

He signed off the last email with a smiley face.

Nearly a month later, as a result of a request by police, Smith attended the Dunedin Central police station for an interview.

During a routine search, officers found a 5cm serrated metal knife concealed in his sock.

Smith told them he was a hunter and used the blade for skinning but he conceded he was not intending to hunt that day.

He later pleaded guilty to one charge of harassment and one of possessing a weapon.

Judge Michael Crosbie said the defendant's situation was made precarious by the fact he had a previous conviction for harassing a ministry staff member nearly a year ago.

However, counsel Steven Turner stressed his client's limited criminal history involved driving charges and dishonesty.

Smith, he said, had been drinking on the night he sent the abusive emails but he had abstained from alcohol for the past couple of months.

Judge Crosbie empathised with the defendant's feelings of powerlessness.

''You may think it's all too easy for someone like me to sit up here and talk to you about these sorts of things but the reality is, being a parent, I understand the natural bond you have with your children and I understand the angst that [estrangement] will cause you,'' he said.

''It's hard enough when people in a relationship are separated, let alone the situation where the State has care of your children; but we do operate in a civilised society and despite what you may think it's fortunate we do have agencies that can care for children while their futures are sorted out.''

The judge said Smith clearly needed help controlling his emotions and dealing with the ministry.

He was sentenced to 12 months' supervision and four months' community detention.

 

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