A former Creswick man who installed a listening device to snoop on his wife’s conversations has successfully had his jail sentence overturned.
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A County Court judge set aside a two-month jail term handed down in the Ballarat Magistrates Court on December 17 after a man, who The Courier has chosen not to name for legal reasons, pleaded guilty to installing a listening device without consent, installing an optical device without consent and unlawfully assaulting a former partner.
Appealing the decision on Wednesday, a County Court sitting in Ballarat heard the man taped a listening device in the kitchen for six days to record his wife’s conversations and find out whether their marriage was over.
The middle-aged man also placed hidden cameras, which were not operational, in the bathroom.
The accused’s lawyer, Sharon Lacy, said her client decided to install the devices after overhearing his wife’s conversation about how she felt about him and that perhaps she was considering leaving the marriage.
Conceding it was intrusive, unusual and hurtful, Ms Lacy said her client did not know it was illegal at the time.
“He didn’t think about it at the time, he was just trying to save his marriage,” she told the court. The marriage ended after the devices were located and the accused left the property. During the middle of one night he returned to talk to the victim, where he left the victim bruised after sitting on her.
Ms Lacy said her client was in an emotional state on the night, but never went with intentions to hurt her.
Making submissions for the matter to be dealt with in the way of a fine, she asked the judge to accept it was out of character for the man who had no criminal priors.
She said there had been no contact with the victim since 2014 and during the last year he had sought help, including undertaking an anger management program and counselling.
Ms Lacy said he presented as someone unlikely to commit another offence in his life.
Judge Wendy Wilmoth told the accused if he was classified as someone at risk of offending, prison would be likely. She said while prison was not required in this case, general deterrence was still needed.
“Any form of violence calls for stern denunciation by the courts,” she said.
“That message should be delivered loud and clear.”
The man was fined $1000.
