A Dubbo man with a “history of offences of a sexual nature” will attend a specialist sexual behavourial clinic after he pleaded guilty to making harassing phone calls.
Benjamin Lee McInnes, 28, pleaded guilty to 13 charges of using a carriage service to menace/harrass/
offend, and received a four-year, good-behaviour bond.
If he reoffends in a similar way, he faces jail, Magistrate Howard Hamilton told him.
Seeking a non-custodial sentence, McInnes’ defence said he knew he “had problems”.
“He sought help prior to these matters - he cannot say why he made these calls, he knew it was stupid,” his defence told the court, asking that McInnes be referred to the NSW Community Forensic Mental Health Service for assessment.
“He has a history of offences of a sexual nature, dating back to 2003,” she said.
The court also heard he had seen a psychologist, who had recommended medication and therapy.
“What is the medication for?” Magistrate Hamilton asked McInnes’ solicitor, but she did not know.
“So what weight do I give that?” he then asked.
The court heard McInnes was deemed suitable for a community sentence, to be supervised, and to attend the clinic for assessment, but Magistrate Hamilton questioned how it would work.
“If I made a community service order nothing would compel him to continue with the program,” he said.
Instead, McInnes was sentenced to a four- year, good-behaviour bond and ordered to attend the sexual behavioural clinic at the Forensic Mental Health Service for assessment and recommended treatment.
“Each of the 13 offences carried a jail term,” Magistrate Hamilton said. “I don’t propose jail but come back on a charge like this - even slightly like this - and you can look with some certainty at imprisonment.
The people McInnes contacted are entitled not to be harassed, he said.
“It is disturbing in the extreme that in your pre-sentencing report you do not understand the seriousness of the offences.
“If you continue to appear again you will go to jail.”