Man breached sentence on same day it was delivered

A DUNEDIN man has narrowly avoided imprisonment after he “gave the finger” to the court by breaching his sentence on the same day it was delivered.

On March 21, Daniel Philip Diack (31) was served with a protection order for engaging in family violence and on May 30, he was in court for breaching it by psychologically abusing the victim.

Judge Kevin Phillips said the man was treated “extremely mercifully” as he was sentenced to a short stint of community detention and permitted to use the internet — a decision that showed leniency.

Upon being released, Diack used his freedom to launch a verbal tirade against the protected person, bragging about his sentence online, the Dunedin District Court heard last week.

Diack made a Facebook post referring to the victim’s address, making hateful accusations towards the woman.

“You said she was a murderer, she was a killer, she is not getting any money from me . . . You bragged about only getting community detention,” Judge Phillips said.

“It was contemptuous of the court, of me, of the whole system . . . That’s why he is going to jail.”

Counsel Cate Anderson argued her client had high prospects for rehabilitation and urged the judge to sentence the man to a few weeks’ home detention.

“Is that so he can brag about having home detention?” the judge asked.

“He shouldn’t have bragged about the sentence,” Ms Anderson said.

“The behaviour was just incomprehensible.”

Diack offered a letter of remorse to the judge, containing claims of “reflection and thinking extremely long and hard” about his actions.

Judge Phillips was unconvinced and said the man must have realised his actions were wrong, calling the contents of the lastminute apology letter an “aggravating matter”.

“The whole system, the protection order, the court order . . . he gave the finger to all of it.”

Diack was sentenced to six months’ home detention and attempted to dispute his sentence by talking over the judge in court.

“Stop talking now or you are going to prison,” Judge Phillips said.

“Your arrogance is unbelievable.”