An ex-constable who placed a GPS tracker on a woman's car and shattered the screen of her phone after another man kissed her will not be jailed for his crimes.
Joshua Alan James Wootton, 34, had a low likelihood of reoffending after successfully treating the depression, anxiety and stress that led to his prior behaviour, a court was told on Thursday.
The former NSW Police officer watched on in Sydney's Downing Centre District Court as Judge David Wilson imposed a 12-month community corrections order.
He has been convicted on multiple charges and will need to continue his mental health treatment to make sure he doesn't lapse back into his former behaviour.
In 2019, Wootton stalked the woman by appearing at a jewellery store she and her then-partner worked at.
The Oran Park man also attached a GPS tracking device to her car from January to December that year without her knowledge.
Wootton first confronted the victim in a hostile manner in 2015 after using the "Find My Friends" app and seeing the vehicle she was in had pulled over on her way home.
After she told him a friend had "pecked" her on the lips, he became angry and grabbed her phone, squeezing it so hard he broke the glass screen.
In March, a jury found Wootton not guilty of two counts of sexual intercourse without consent and one count of common assault in alleged incidents relating to the woman.
On Thursday, Judge Wilson described the stalking and other offences as serious and a "blight on society".
"The right of all women to determine their own path in life must be protected and upheld by the courts," he said, quoting a NSW Court of Criminal Appeal decision.
"Where a woman’s right is ignored or disregarded by an offender, that right must be vindicated, including by punitive and strongly deterrent sentences where necessary."
A sentencing assessment report filed with the court noted the 34-year-old had a "need-to-know mindset" and a false belief he was entitled to information about his victims at the time.
The judge found Wootton's offences were at the lower end of seriousness and he had shown deep remorse and shame for his actions.
Wootton had also completed an 18-week men's behaviour change program run by Relationships Australia, Judge Wilson noted.
His mother, father and partner all wrote letters to the court supporting the ex-cop.
"The person I met two years ago is different to the man he is today,” his partner wrote.
Wootton had several charges relating to a second victim dismissed on mental-health grounds in June 2023 despite pleading guilty to stalking her and using a restricted police database to track her partner.
He followed the woman over 11 days in February 2022, leaving flowers on her driveway on Valentine's Day and using a GoGet rental car to conceal himself near her home, workplace and elsewhere.
The 34-year-old was a serving police officer from December 2019 until he was stood down in June 2023.
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