A judge says he's been left with no option but to jail a former Auckland and Northern Districts cricketer after he ignored his earlier final warning.
Cody William Andrews has been back before Judge Philip Connell in the Hamilton District Court several times for committing multiple breaches since being sentenced for breaching a protection order and admitting assaulting his pregnant former partner by biting her.
That sentencing was in May 2017, and he was given supervision and 80 hours' community work by the court.
But the 31-year-old was back before the court again in July last year after admitting four further breaches from December 2017.
He was sentenced on those charges in October last year by Judge Connell who then described his behaviour as "obsessive".
At that time, the judge decided to give Andrews a final chance and instead of sending him to prison, issued him a warning that if he reoffended he would go to jail.
But less than a month later, Andrews reoffended by breaching the protection order and his intensive supervision sentence by texting the victim 16 times and emailing her a further 10 times in November last year.
He has been held in custody since his arrest on November 16 and through his lawyer, Melissa James, said he'd had "time to reflect on matters" while behind bars.
James urged the judge to set him free from prison, as he'd already served three months, and instead hand down another sentence of intensive supervision.
She said he was able to live with his grandfather in Gisborne, well away from the victim in Hamilton.
James said either way, he would still continue to have a relationship with the victim as they had a child together.
However, Judge Connell said he struggled to consider any other option apart from jail as Andrews had not only ignored previous sentences but also his final warning given in October.
He told Andrews if he continued to reoffend, he would no longer have any contact with his children.
"It's a concern to me that he can't comply with supervision and he demonstrates an inability with that by not being able to comply with home detention which is another factor in all of this ... I've got a real struggle with anything other than a term of imprisonment."
She reminded him he'd already been behind bars for three months - the equivalent of a six-month term - and that he also had the support of the New Zealand Cricket Players' Association on release, he was still young and able to be rehabilitated.
But Judge Connell said it had to be jail and it was now just a matter of for how long as probation had also assessed him as being at a "high risk" of reoffending.
"My concern is that you don't seem to be able to comply with a judicial warning," he told Andrews. "You have taken no notice of that and 16 times you have contacted the victim."
In sending him to jail for eight months - meaning he will be released in one month's time, - Judge Connell reminded Andrews not to contact the victim.
"The trouble is with this, you are starting to look like someone who is obsessed and can't stop and if that's the case then you know exactly where you're going to end up."