A judge has ruled a man's appeal against his jail sentence must fail because his offending and criminal history is too serious.
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Jacob Bruce Cairncross was sentenced in the Kyneton Magistrates' Court in July to 18 months' imprisonment with a minimum of nine months after he pleaded guilty to 30 offences.
These included stalking, burglary, committing indictable offences on bail, breaching bail conditions, contravening intervention orders, speeding, driving an unregistered vehicle, theft of a vehicle, driving while disqualified, failing a drug test after driving, fraudulent use of a number plate, careless driving, failing to stop on police direction, and obtaining property by deception.
Cairncross' lawyer Eleanor Millar told the County Court in Bendigo they were ultimately seeking a community corrections order through appeal.
But Judge Paul Lacava said it was a "big ask" in such a case.
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Judge Lacava said Cairncross' prior history had "shown no respect for the law whatsoever", but defence was asking him to find the offender needed another chance and would comply.
"His history suggests I'd have to be stupid to do that," Judge Lacava said.
Ms Millar said Cairncross' recent offending occurred in the context of ice use, but her client had since completed a drug and alcohol program.
She also submitted the 18-month sentence was "somewhat excessive" and there should have been some concurrency on the three separate six-month terms Cairncross received.
But Judge Lacava asked why, calling the stalking behaviour - in which Cairncross texted a woman more than 5500 times in under three months - "just outrageous" and "intolerable".
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He found the sentencing magistrate had been aware of Cairncross' background and that it was to be the longest period in custody he would serve.
Judge Lacava ruled Cairncross' offending was too serious and occurred repeatedly, with a background of prior offending.
"A feature of [the offending] is the persistence with which the appellant breached one or another laws of this state," he said.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
