Chalked messages part of ‘controlling’ behaviour

A man who harassed his partner by writing messages in chalk outside her house needs to stop his controlling behaviour, a judge says.

Michael James Stirling (32) appeared in the Dunedin District Court yesterday after pleading guilty to three breaches of a protection order over the course of four days in March.

He was sentenced to 12 months’ intensive supervision and given a stern warning by Judge David Robinson.

"The message I have to give you is that this relationship cannot run on your terms," he said.

"It’s quite clear the victim has very real concerns about you. This behaviour impresses me as controlling, as if you have some right over who the victim sees and doesn’t see."

Just weeks after a temporary protection order had been issued by the Family Court, Stirling and his partner broke up.

On March 12, a few days after the split, the defendant sent the woman messages on Facebook accusing her of seeing another man.

Later he wrote: "I watched u."

The victim believed she was being stalked but Stirling later told police he had not been lurking outside the house but was just attempting to provoke a confession from the woman.

Two days later, he contacted her again.

When the woman did not respond he said he would visit her home in two minutes.

A couple of hours later, the victim found a message in chalk outside her front door, saying "hi", followed by her name.

There were smiley and sad faces above the writing, the court heard.

Stirling went a step further early the next day, throwing a rock through the victim’s garage window.

She was woken by the smash and believed she saw a torch shining into her bedroom from outside.

Police found Stirling nearby.

His counsel Andy Belcher said the behaviour was "bit strange, perhaps stalky" but stressed there was no physical violence or threats of violence with it.

That was not the issue, the judge said.

"It’s got that psychological element to it," he said.

Mr Belcher told the court the victim had sent multiple emails to his client after charges were laid but Stirling did not "rise to the bait".

They remained a "high-risk family" according to a report.

Alongside the intensive supervision, Judge Robinson added the "sting" of 100 hours’ community work and ordered him to pay $120 for the broken window.

 

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