Man 'on the cusp of jail' for breach

Jessie Wayne Smith, 27, pleaded guilty to a charge of assault, wilful damage and two counts of breaching a protection order.

Soon after leaving Masterton District Court, having been warned by a judge not to contact his partner, Jessie Wayne Smith called the woman 26 times and sent her 29 text messages.

Appearing before Judge Tony Walsh last Thursday, Smith, 27, pleaded guilty to a charge of assault, wilful damage and two counts of breaching a protection order. He had been arrested on June 23 on charges of assaulting his partner, wilful damage and one breach of the protection order and appeared in court the next day when he was bailed and warned about making contact with his partner.

Police prosecutor Sergeant Garry Wilson said as soon as Smith left court he went straight to the police station to pick up his gear including his mobile phone and immediately started contacting the woman telling her it was her fault he was going to jail for three years.

"He sent her 29 text messages and rang her 26 times in a two hour period," he said.

Defence lawyer Virginia Pearson said the victim had contacted her client as well.

"It is clear to counsel that this is a dysfunctional relationship. She has been largely contacting him.

Judge Walsh said he was concerned Smith was making contact when he was clearly warned not to. "He has to accept the reality a protection order has been made ... reality is he must not contact her ... he is sailing close to the wind ... there is no defence to say she is contacting him. The message has got to get out there that these orders are serious orders."

He warned Smith once more.

"Be under no illusion, you are on the cusp of jail if you breach again. Repeated breaches are regarded seriously ... you must comply. If you come back to court on further breaches you will be going to jail. This is a loud and clear message these orders must be enforced. Be very clear about that."

Judge Walsh sentenced Smith to nine months' supervision and to attend the Stopping Family Violence programme and complete 150 hours' community work on the breach of the protection order and for assaulting his partner. On the wilful damage charge Smith was convicted and discharged and ordered to pay $130 court costs.