A Hunter man jailed for bugging an ex-lover’s bedroom and tracking her car has had his minimum jail term reduced, despite the victim telling a judge her children feared she would be killed. 

Daniel Ben Barnett, 48, pleaded guilty earlier this year to seven domestic violence offences, including bugging his ex-lover’s bedroom and tracking her car.

Police facts tendered in the local court said Barnett committed the offences between November 2022 and March 2023.

Barnett argued his two-year jail term with a 16-month non-parole period was too harsh and appealed to the District Court, which on Thursday reduced that period to 12 months.

Victim allowed to speak

In an appeals hearing in Newcastle District Court, defence solicitor Matthew Unwin argued against a victim impact statement being tendered.

He said the offences weren’t violent and weren’t ones for which a statement could be taken into account.

Judge Roy Ellis disagreed and allowed the statement to be tendered.

“These offences themselves do not involve violence but they are not insignificant acts that no doubt impact severely upon the mental wellbeing of the victim,” Judge Ellis said.

“When you get a situation where a woman essentially is stalked,” he said.

“Even if your client didn’t intend to do anything, how the heck is the victim to know that and why in the heck would she not be thinking the worst.”

Mr Unwin sought to have his client immediately released to serve the remainder of his sentence in the community, via an Intensive Corrections Order.

Mr Unwin said Barnett had employment waiting for him and posed no future risk to the victim.

“I’d ask your honour to note that there were no expressed threats or violence … it was subversive behaviour and not used for any manipulation.”

‘Escalation in offending’

Crown prosector Charlotte Walker said the local court sentence was appropriate and should not be changed.

“The Crown’s primary concern is the marked escalation in offending,” she said.

She said domestic violence offences demanded consequences and said Barnett did not have an insight into the impact on the woman he had bugged and tracked.

Fears of being ‘harmed or killed’

In her impact statement tendered to the court, the victim highlighted her ongoing fears.

“Over a prolonged period of time I was stalked, enduring relentless harassment and intimidation by my ex-partner,” the statement read.

“The physical and emotional repercussions that I experience due to these actions impact every aspect of my life.

She said she lived in a constant state of terror and hyper vigilance.

“I battle thoughts of self-blame, embarrassment, shame and guilt, terrified daily that I will be harmed or killed, that my children will be left orphaned,” the victim said.

“This abhorrent violation of my basic human rights has left me unable to enjoy my existence.

“We have been completely violated as a family, I am distraught and shattered that this has occurred.”

‘Fearfully saddened’

Judge Ellis noted the seriousness of the offending and said it warranted full-time custody.

But he did agree to vary the sentence, reducing the non-parole term from 16 months to 12 months, noting Barnett could receive ongoing counselling in the community.

The two-year head sentence remained.

Judge Ellis said a letter written by Barnett to the court showed he had reflected on his offending after his “lack of insight into why a partner might be jack of him”.

Outside court, the victim told the ABC she was “fearfully saddened for herself and the community”.

Barnett will be eligible for parole in March next year, instead of July.