Attip Maxwell Smith pleads guilty to stalking former partner

A Qld father of two who would not accept his relationship was over stalked his ex partner, phoned her, slept in her bed and taunted her in front of their children.

Attip Maxwell Smith pleaded guilty to unlawful stalking/intimidated/harassed/threatening.

A Mackay father of two who would not accept his relationship was over stalked his ex partner, phoning her hundreds of times, showed up at her home and her work and taunted her in front of their children.

The couple had been together for 12 years and had two children but in March 2023 that relationship broke down and the pair separated.

Over two months between April and June 2024 Attip Maxwell Smith rang the woman between six and seven times a day totalling 367 times using four different numbers.

Mackay District Court heard he sent her Facebook messages and went to her home multiple times – one time she arrived to find him asleep in her bed – and even went to her place of work once.

He taunted her in front of their children, saying “look mummy’s calling the police”.

The court heard Smith was taken into custody in June 2024 after he went to her home and entered her carport and after she refused to let him in the house he drove up and down the street slamming the brakes and yelling abuse.

Crown prosecutor Monique Sheppard said the woman “was fearful for her life”.

He has been in custody just more than eight months.

On Monday Smith pleaded guilty to unlawful stalking/intimidated/harassed/threatening.

The court heard Smith also contacted his former partner’s friends wanting them to encourage his former partner to talk to him.

Barrister Scott McLennan agreed with Ms Sheppard’s submission for 2.5 years jail with immediate parole because his client had already spent 250 days on remand.

The court heard Smith had developed a meth habit in 2022 and as a result stopped working and his relationship broke down.

“He’s sorry for his offending and he’s ashamed for the way he’s behaved,” Mr McLennan said, adding since being in custody Smith had stopped using drugs and was working and training daily.

Mr McLennan said this was the best his client had felt mentally in years, and that Smith now accepted the relationship was over.

“You’ve allowed emotion to take over your life or at least cloud your judgment,” Judge Gregory Lynham said, labelling the offending as a protracted period of conduct that involved phoning her numerous times, showing up at her home and work.

“You cannot let emotion take over your life like that.”

Judge Lynham told Smith he hoped the time in custody had been “a salutary experience for you”, before giving him immediate parole for a 2.5 year jail term. The 250 days on remand was declared time already served.

Originally published as Attip Maxwell Smith pleads guilty to stalking former partner