A Waikato man sent dozens of text messages to his former wife and her current partner making threats involving children, death and fraud.
The actions of 50-year-old Conrad William Hensby-Bennett to the victims were so intense that the victim's new partner also applied for a protection order from Judge Kim Saunders in the Hamilton District Court today.
However, the judge found that despite her coming close to granting one, she found she would need more evidence to meet the legal threshold.
Hensby-Bennett, of Morrinsville, was found guilty after a four-day trial in August on three representative charges of breaching a protection order relating to his ex-wife, and misuse of a telephone relating to the former wife's new partner.
The court heard how he sent his former wife 75 texts over the three days between October 27 and October 29 last year.
Crown prosecutor Shelley Gilbert said Hensby-Bennett had showed little remorse or insight into his actions.
In her application for the protection order for the victim's new partner, Gilbert admitted the application was "unusual" but said Hensby-Bennett's actions had left the applicant with no other option.
Hensby-Bennett's lawyer James Buckle urged the judge to dismiss the pre-sentence report recommendation for supervision as his client had not offended since last year.
"On my instruction there has been no contact of a type which would count as a breach of protection since this offending 12 months ago. There's ongoing contact as per the Family Court ... but as far as this offending goes ... that's it. There's been nothing untoward."
He didn't believe the victim met the criteria as having a "close personal relationship" with his client as deemed by law.
Hensby-Bennett defended the charges on the basis that he didn't try and threaten anyone and was simply trying to organise childcare.
In sentencing, Judge Saunders described Hensby-Bennett's texts as "threatening, intimidating, antagonistic and bullying".
His former wife had endured an "extremely stressful" past seven years dealing with his behaviour, she said, that had not only taken a financial toll but also an emotional one.
"You have for the past seven years, really, made similar type of threats and abuse and it is, she says, draining.
"Certainly the texts that I saw that were the focus of this trial, if that is indeed your conduct over the last seven years it's hardly surprising that the victim feels the way that she does."
His texts to the victim's new partner were just as bad.
"Your behaviour over the period has taken him to the point where he's never experienced the threats which left him nervous at work not only for his safety but the safety of others."
The messages not only threatened him but also his children, she said, and alleging he was somehow involved in his wife's death.
"Threatening his children, making a suggestion that he was somehow involved in the death of his wife, alleging fraud, going to involve the IRD and a whole lot of other Government agencies.
"It's not just one-off occasions, Mr Hensby-Bennett, it was bullying, antagonistic behaviour because you weren't getting what you wanted in terms of access to your children."
One text read: "You have been involved in child abuse and PAS. No threat intended but if theoretically this was eye for an eye justice world if you abused my children just imagine what I would do to yours?"
Judge Saunders said there were limited mitigating factors as the case went to trial and he hasn't shown any remorse, but she gave him credit for "essentially" being a first time offender. She also felt a term of supervision was appropriate due to his actions.
Hensby-Bennett was sentenced to 120 hours' community work and nine months' supervision.