![A person using a phone to send text messages. File picture A person using a phone to send text messages. File picture](/images/transform/v1/crop/frm/5QSV2wJYJi8ZgVyWibkV7A/00ccf8bb-c757-4c27-8d36-7edea115f278.jpg/r0_0_2716_1810_w1200_h678_fmax.jpg)
SENDING unwanted messages to a woman has put a 30-year-old one step closer to a jail sentence, a court has heard.
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Andrew Shepheard of Durham Street, West Bathurst narrowly escaped a prison sentence after he pleaded guilty in Bathurst Local Court on May 17, 2023 to two counts of contravening an Apprehended Violence Order (AVO).
Shepheard sent a woman - who is named as a protected person in an AVO against him - multiple text messages from 5am on February 16, 2023 after he called asking if she would meet him, court documents said.
"Do U think I w@nt to be nasty or rude to you ... i've had enough of this with you I tried to be a good m@n ... it's time for me to move on and I didn't mean to call you at 5am I called the wrong number that's all," Shepheard wrote.
"Hey if U want to catch up 2morrow cool I'll take U out for lunch or something anywhere U want to go just let me know I'm not far off going to bed I'll talk when you're ready."
The victim replied and said "I don't want to go anywhere with you".
Shepheard continued to send several more messages to the woman, before police went and spoke with her about 2.25pm that afternoon when Shepheard tried to call.
The court heard police hung up the phone and sent Shepheard to voicemail 30 seconds before he called again.
He was told by officers who answered the phone, to go to Bathurst Police Station, but he didn't.
Police said they were patrolling Commonwealth Street in Bathurst about 1.30pm on February 18 when they saw Shepheard.
He was arrested and taken to Bathurst Police Station in relation to the matter.
On a separate occasion, Shepheard sent the victim more text messages from 6.30pm on March 19 that said he "just want to say im sorry" and didn't mean to be "nasty rude".
"I'd take it all back if I could ... just thinking of u," he continued.
Shepheard's tone changed later that night around 8.30pm when he told the victim he would breach the AVO to "get a avo back on yuo".
Police were informed about the messages from Shepheard during an unrelated matter the following day, when the victim told officers of the AVO breach and showed the texts.
Shepheard was arrested at Rocket Street in Bathurst on March 23.
Sentence
Legal Aid solicitor Simone Thackray told the court her client was in a "toxic" situation with the victim for a number of months, and - noting the breaches - asked Magistrate Jennifer Atkinson to consider an intensive correction order (ICO).
Magistrate Jennifer Atkinson said the bottom line for Shepheard was that obiding by the AVO was unavoidable otherwise he would risk being sent to jail.
"Those message you were sending were not good ... it is unacceptable. You were on an intensive correction order," Ms Atkinson said.
"You need to wake up to yourself. The more you breach the AVO, the more likely it is you'll get a jail sentence."
Shepheard was placed on an ICO for seven months and must undertake 50 hours of unpaid community service work.
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