Man tried to bill the Court for his time

Man tried to bill the Court for his time

A man charged with stalk and intimidating intending to cause fear, physical or mental harm, attempted to bill the court for his time when a written judgement was handed down in his case at Cowra Local Court on November 5.

Stuart John Gavin, 29 of Longs Corner Road, Canowindra, had entered a plea of not guilty to the offence earlier this year.

The matter was the set down for hearing and was heard by the court on October 8, 2020 when Gavin was found guilty by magistrate Michael O'Brien.

On November 5, Gavin was placed on a 12 month Community Correction Order under Section 8 of the Crimes Act for the offence.

After Mr O'Brien's written judgement was delivered Gavin tendered a tax invoice, billing the court for his time.

Mr O'Brien told Gavin, who represented himself, he would place the invoice on the court file but would be making no order for costs.

Delivering his judgment in writing Mr O'Brien explained he had chosen to do so so that his ruling is "clear to both the prosecution and defence".

The court was told Gavin had been involved in a relationship with the victim which, in the words of Mr O'Brien, "eventually soured" resulting in the victim receiving a number of text and voice messages from a mobile number associated with the mobile used by Gavin.

These messages, Mr O'Brien said, greatly upset the victim.

He described the tone of some of the messages as "sinister and threatening" even though Gavin had at times adopted "a moderate tone of speech".

At other times, he said, Gavin's tone of speech was "chilling and sinister".

"It was patently obvious that the tone and tenor of all of the forms of communication received by the complainant on her mobile from the accused's mobile were designed to stalk and intimidate her. Accordingly I am satisfied the accused involved in conduct that meets the elements of the charge brought against him beyond reasonable doubt," Mr O'Brien said.

Prior to the rising of the court Gavin said "I'd just like to hand you a document and the prosecutor as well".

"This is a tax invoice," Mr O'Brien said to Gavin.

"That's my fee that I would like for my time and involvement in this case, to be paid for by the court," Gavin said prompting Mr O'Brien to tell him: "I don't think you're your best advocate, I can say at this stage you have been found guilty, there is no basis for this application, I am not proposing to make any orders for costs".

Gavin went on to say: "it will be noted that any information here today will not be recorded in newspapers, social media because it would be a breach of an AVO in place on the alleged accused and if there is any more questions about Stuart John Gavin I would like to hand this document up as well and you can take the matter up with this document".

Gavin then handed up a copy of a birth certificate to the court.

"It is not evidence," Mr O'Brien told Gavin but agreed to place the certificate on the court file.

Mr O'Brien made no orders in relation to publication of the proceedings.