A mother and son found guilty of pressuring a Dubbo woman to supply police with an untrue statement have been jailed for trying to pervert the course of justice.
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According to a statement of agreed facts tendered in court, Tyler Rodney Barclay, 28, of Dubbo, threatened to smash the woman's head into a wall and drown her in a bathtub in November 2018.
In December he followed the woman around Dubbo in a car, rang her up on the phone and said if she hung up he would "run her off the road".
"Every threat that I made will become real... nobody treats me like this... you have seen what happens to people who treat me like this," he told the woman.
At one point he swerved his vehicle in front of her so she was unable to turn and said "I'll kill you".
The woman reported Tyler's behaviour to police soon after but he saw her car at Dubbo police station and contacted her.
Tyler and his mother Michelle Barclay, 51, of Trangie, then encouraged the woman to create an untrue statement designed to clear Tyler's name and pervert the course of justice.
All she's trying to do is the best for her son.
- Narromine mayor Craig Davies.
According to court documents the woman volunteered wording and took part in some parts of the construction of the statement, which Tyler and Michelle Barclay then sought to confirm had been sent to police by the woman.
Shortly after the document was created Tyler Barclay went to the police station and was arrested for a range of domestic violence offences.
He provided police with a copy of the untrue statement, which he claimed the woman had sent to an officer.
Police spoke to the woman and she admitted typing the untrue statement but said she felt pressured to do so.
Tyler Barclay was served with an apprehended violence order (AVO) and granted bail.
He and the woman had contact with each other for several months, in breach of the AVO, which was varied in February to enable contact between the pair.
In March Tyler Barclay was taken into custody after he was arrested for breaching the AVO and refused bail.
Court documents revealed that while in custody it appeared the woman sent a number of Snapchat messages to Tyler Barclay's phone, along with letters inquiring about his welfare and stating she wanted to maintain a relationship with him.
In Dubbo Local Court last week he pleaded guilty to intimidation, menacing driving, breaching an AVO and trying to pervert the course of justice.
Magistrate Brian Van Zuylen convicted Tyler Barclay, disqualified him from driving for 12 months and imposed a community corrections order for 18 months.
He was also sentenced to 10 months in jail, with a non-parole period of five months. With time already served, he became eligible for parole on Friday.
At Michelle Barclay's sentencing hearing last week the Narromine Shire mayor Craig Davies took to the stand to tell the court she was an "exemplary person".
"All she's trying to do is the best for her son," Cr Davies said.
When the police prosecutor asked if Cr Davies was aware Michelle Barclay pressured a young woman to make a statement, Cr Davies confirmed he knew about some of her offending behaviour but still regarded her as an exemplary person.
You pleaded guilty at a very late stage.
- Magistrate Brian Van Zuylen to Michelle Barclay.
Michelle Barclay's barrister told the court she accepted she did the wrong thing.
"Misguided loyalty for her son has got her into big trouble...she shouldn't have gone as far as she did," the barrister said.
The magistrate said Michelle Barclay's behaviour was "absolutely disgraceful and appalling".
"You pleaded guilty at a very late stage," magistrate Van Zuylen told her.
The magistrate said because of the late plea change the victim had to give evidence which would have been "harrowing" and "distressing".
Tyler Barclay was a perpetrator of domestic violence who made the "most appalling threats" and "victims of domestic violence should not be pressured by mothers", magistrate Van Zuylen said.
He sentenced Michelle Barclay to 10 months in jail with a five-month non-parole period.
Her family members wept and told her they loved her as she was escorted from the court and forced to walk past the woman who was pressured to send the untrue statement to police.
Michelle Barclay appealed the severity of the sentence handed down and after a night in custody she was granted bail having lodged an appeal which will be heard in the Dubbo District Court on October 8.
