A man who exposed sexual images of his ex-girlfriend online has been released from jail
A man convicted of AVO breaches, intimidation and website offences has been set free after a severity appeal against jail time was granted by Newcastle District Court.
Newcastle
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A man who bombarded his ex-girlfriend with intimidating text messages, exposed sexually explicit photos of her on social media and “relentlessly” breached AVO orders has been released from jail just six month into his sentence.
In July, Mackael Stockhausen was sentenced to two years and four months jail with a non-parole period of 15 months, convicted on numerous charges ranging from stalk/intimidation, contravening AVO’s, and intentionally distributing images of his ex-girlfriend online without her consent.
But, in Newcastle District Court on Tuesday, Stockhausen had a severity appeal against his sentence granted, with his time thought to be “best served in the community”, instead slapped with an intensive corrections order (ICO).
According to court papers Stockhausen and was in a relationship with the victim for approximately two years before it ended in December last year, when she found out he had been cheating on her.
Since that date the victim received a barrage of calls, text messages, emails, and messages on social media before she changed her number and tried to block him.
On one occasion in January the victim’s Snapchat account was hacked, with messages saying she still loved Stockhausen. She then received a phone call which said, “You’re a f**king slut” before hanging up.
The victim then received a message on her gmail account which read, “Everything gets exposed now, all videos, all photos”.
The following day 41 sexually explicit images were posted to her Instagram account without her consent, with several people tagged in them.
He was arrested in March after police tracked him to where the victim was staying in Adamstown Heights. In his car police found an extendable baton, balaclava and gloves. A laptop was also seized, four mobile phones and another three additional mobile phones.
In court, Stockhausen’s lawyer Mr Dennis Stewart told Judge Peter Whitford, his clients sentence was “particularly harsh” and that while in custody, he had taken responsibility for the offences and wanted to address his mental health.
“A person of his background, intelligence and prior good character, him being placed in custody was a shocking experience and brought home the serious nature of the offences,” Mr Stewart said.
“He has pleaded guilty to these offences and has expressed remorse and is seeking help for mental health issues. This has been a deterrent from the mere incarceration.”
Mr Stewart suggested an ICO would be more suitable.
For the Crown, Michelle Harris said the appeal had no merit.
“It’s not too severe,” she said.
“The period in custody has provided some benefit to him in coming to terms with his offending behavior, but his mental health issues were taken into account on sentencing.”
After a short tea break Judge Whitford came back and told the court, Stockhausen’s offending was abhorrent and he didn’t consider the sentence imposed to be too harsh.
But, he did agree a six month period already served in custody had an effect.
“In regard to the nature and scope of offending, I do not agree with submissions that the aggregate sentence was a crushing one,” he said.
“Taking into account six months in custody the progress towards rehabilitation, and need for intensive treatment, there is an argument for balance for the sentence to be served in community.
“I allow the appeal.”
Stockhausen will serve a one year and 10 month ICO with additional conditions, which ensures he must participate in appropriate treatment programs, remain compliant with AVO orders and abstain from any alcohol or drugs.