A “relentless” repeat stalker, who turned up with flowers and a heart-shaped balloon at his victim\u2019s home, has avoided another stint behind bars \u2014 but only just.<\/p>\n
In the Dunedin District Court yesterday, Judge Mark Williams sentenced Joshua William Moffatt, 44, on two harassment charges to 18 months\u2019 intensive supervision to get him the help he “clearly so desperately needs”.<\/p>\n
But despite getting the outcome he wanted, the defendant made a parting comment as he left the courtroom.<\/p>\n
“That was a bit excessive, mate,” he said.<\/p>\n
Judge Williams had Moffatt hauled back into the dock
and threatened to have him locked up.<\/p>\n
“You said it loud enough so we could all hear it,” he said.<\/p>\n
“It doesn\u2019t show someone who\u2019s reflected on their behaviour.”<\/p>\n
As discussions between the judge and counsel Deborah Henderson progressed, Moffatt continually interjected with “I\u2019m sorry, your honour”, resulting in a sharp rebuke.<\/p>\n
Judge Williams expressed his concern the defendant would not take the sentence seriously, but opted not to jail him.<\/p>\n
The court heard Moffatt \u2014 the subject of nine protection orders \u2014 met the victim at the start of the year and the woman cut off their relationship after only a week.<\/p>\n
She described what followed as “a bombardment”.<\/p>\n
Moffatt repeatedly contacted her by message and phone call, using seven different numbers.<\/p>\n
Four days after their break-up, he turned up at her home unannounced bearing flowers and a heart-shaped balloon, court documents said.<\/p>\n
In April, his persistence \u2014 and claims he had previously been affected by drug use \u2014 resulted in some limited success and the victim agreed to rekindle the romance.<\/p>\n
But the reconciliation was brief.<\/p>\n
After an argument, the defendant demanded to be taken home, and then the electronic onslaught continued.<\/p>\n
Despite the woman\u2019s requests for him to leave her alone, Moffatt spent the following three days contacting her using various phone numbers and fake social-media accounts.<\/p>\n
He also enlisted the help of associates to continue his efforts and he even resorted to using his mother\u2019s phone and online profiles to pursue the victim.<\/p>\n
On April 28, Moffatt waited outside the woman\u2019s home until she left for work, the court heard.<\/p>\n
Once she appeared, he ran down the driveway and opened her door, demanding she speak with him.<\/p>\n
The victim broke free and attempted to reverse away, but Moffatt placed himself in her path and again tried to enter the vehicle before she escaped.<\/p>\n
He turned up at her workplace later that day and then at her home, prompting a call to police.<\/p>\n
The defendant\u2019s arrest and incarceration was not even enough to stymie his obsession.<\/p>\n
From prison, Moffatt phoned associates and had them attempt to set up a “three-way call” with the victim, as well as trying to contact her directly.<\/p>\n
“This would have been a terrifying experience,” Judge Williams said.<\/p>\n
“It\u2019s clear to me you\u2019re someone who struggles with relationship break-ups.”<\/p>\n
The victim said she had been traumatised by the experience and felt at the time like she was unable to escape the stalker.<\/p>\n
However, she recognised Moffatt had some “good qualities” and hoped he would undertake the rehabilitation he needed.<\/p>\n
The court heard she did not want a protection order made in her favour and Ms Henderson said it appeared the relationship might be rekindled.<\/p>\n
The judge said that would be the decision of the victim, but he placed a condition on Moffatt, who had more than 70 convictions to his name, which prevented him from contacting her without the permission of Probation.<\/p>\n