
Benjamin Charles Marshall, 44, appeared in the Dunedin District Court yesterday after earlier pleading guilty to three charges of breaching a protection order, assault, wilful damage, speaking threateningly and making a false statement to police.
The court heard the defendant and his partner had separated at the end of 2024 and there was a protection order made in favour of the victim.
On April 10, the defendant drove into town and found his former partner’s car parked in Stuart St.
He took something out of his pocket and slashed one of her tyres before leaving.
Later the same month, Marshall arrived at a sports ground where the victim was with her children.
He told the woman "f... off or I’ll kill your dogs", and later "I hope your dogs like rat poison you piece of s...".
In May, the defendant’s mother texted the victim to inform her her dogs were out and were barking.
The victim went home to collect the dogs and soon after, Marshall called police to report a drink-driver.
He gave police the victim’s number plate and a description of bad driving.
But the defendant could not have seen his ex-partner driving; he was at home on bail with a 24-hour curfew.
Police stopped the woman and breath-testing revealed she was under the legal limit.
On May 29, Marshall again phoned the police, this time asking why they had been at a Mt Cargill address, where the victim had previously been staying.
He revealed he knew they had been there because he had a camera installed at the address.
On June 3, police went to the house and found a hidden camera attached to a fence post pointing down the driveway.
Yesterday, Judge Emma Smith said the defendant’s "stalking-type behaviour" was calculated to cause the victim maximum distress.
"You were quite unrestrained in the way that you wanted to cause her harm," the judge said.
"You were on restrictive bail still offending against the same victim."
Judge Smith said Marshall showed no remorse for his offending and tried to paint himself as the victim in the situation.
She noted he had spent more than 100 days in custody on remand.
Marshall was sentenced to two months’ community detention, 200 hours’ community work and 12 months’ supervision.
He was also ordered to pay court costs of $148.











