A judge has moderated the sentence of a convicted stalker because he was identified on Today Tonight, and now had to be placed in protective custody.
David Smith, 40, from Torquay, was sentenced to a total of three years and three months with a non-parole period of two years and one month after pleading guilty to stalking his former partner, burglary and criminal damage.
The Age reports Victorian County Court judge Felicity Hampel was due to sentence Smith last week but after his photo, the details of his crimes and a re-enactment were aired during Today Tonight, he was had been threatened by other prisoners in the Melbourne Remand Centre.
He had been moved into protective custody involving 23-hour-a-day lockdown and will now serve his jail sentence in protection.
Today, the judge said she had moderated Smith’s sentence to take into account the fact he would serve his jail time in protection.
“Prisoners in protection do not have access to the same opportunities, in programs, visits and time out of cells or in contact with other prisoners as do those in mainstream. I accept that makes prison more onerous,” Judge Hampel said.
She did not say how she had moderated Smith’s sentence.
His victim was interviewed by Today Tonight for a story questioning whether apprehended violence orders protected women.