Father’s ‘terrifying’ conduct to terrorise former partner

Northern Beaches: ‘It can only be described as an act of psychological abuse on your part’

The 30-year-old Mackay father stalked his former partner before using a key to let himself into her Blacks Beach home as she slept.

A mother lies sleeping in her bed completely unaware her former partner has crept into her home and is standing in the shadows by her bedside table watching.

He hasn't been allowed inside the Blacks Beach house since late 2019 - but he kept a key, which he used to let himself in on September 13 this year in the early hours.

His intent - to "terrorise" the mother of his child.

When Kurt Kristof Dietze slipped into the home about 1am, everyone in the house was asleep - that included the victim, her mother and three young children.

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He entered her bedroom and stole her phone from her bedside table before taking her car keys from the kitchen.

Mackay Magistrates Court heard his fingerprints were found inside the home while CCTV footage captured his movements.

"You obviously knew there was a camera there because you moved it into a downward position," Magistrate Bronwyn Hartigan said.

He remained at the home for an hour before footage showed him leaving through the back sliding door. He then "moved the camera back to the original position".

Kurt Kristof Dietze snuck into his former partner’s bedroom as she slept and stole her phone in what a magistrate labelled disturbing psychological abuse.

The court heard he took the phone and car keys to the victim's sister's house and placed them in the letter box.

"I find that … extremely disturbing and serious," Ms Hartigan said.

"It can only be described as an act of psychological abuse on your part and wishing to instil in the complainant extreme fear that you had the ability to get into her house when she didn't want you to be there.

"There is no other inference open in my view to your actions.

"You did not steal her car, you did not steal her phone … you took them to her sister's house

"You intended to torment her and terrorise her by that action."

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Ms Hartigan said it was "particularly disturbing" Dietze denied being at the home despite police showing him the CCTV footage.

"Confronted with incontrovertible evidence you still did not accept your guilt. That shows a complete lack of insight on your part at that point," Ms Hartigan said.

"You told police you would accept that it looked like you but wasn't you."

However Dietze, 30, pleaded guilty to aggravated burglary, as well as stalking between April 5 and September 14 this year.

The court heard the stalking included the burglary as well as text messages, phone calls and following the victim in her vehicle.

A Mackay man stalked his former partner by texting, phoning and following her between April and September 2020.

Dietze has already spent 88 days in pre-sentence custody, during which he was assaulted and lost his front two teeth.

The court heard in April, May, July and August, Dietze attended at Uniting Care - but Ms Hartigan said, "it cannot be lost sight of that your offending continued past that date of intervention".

A letter from his parents, tendered in court, said he had been depressed and withdrawn.

Dietze also wrote a letter that said he was "regretful and remorseful" and described his conduct as "appalling".

"I would go so far as to say terrifying, but it does show to me that you have some insight into your actions," Ms Hartigan said, adding the best way to rehabilitate himself would be to address his issues regarding his mental health and how to deal with breakdowns in relationships in an appropriate manner.

Ms Hartigan accepted his time in custody had been harder for him including being attacked by five people.

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Because none of the conduct involved physical violence, under law jail was considered a last resort. However Ms Hartigan found the offending was so serious, imprisonment was the only option.

"But keeping you in the community is possible on a parole order where you're released today," Ms Hartigan said, adding she had taken a number of factors into consideration including his good qualifications and work history.

"I've taken into account that at the time for you, you were not in a good emotional space."

Dietze was jailed for 18 months with immediate parole. Ms Hartigan warned him if he breached the order "you just go to jail".

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