‘Bogan’ stalker to remain behind bars
A "BOGAN" builder who is serving a jail term for stalking his neighbour has lost his bid for bail, pending the hearing of his appeals against his conviction and sentence.
Justice Peter Applegarth said he was not persuaded there were exceptional circumstances that would lead him to grant Steven Tarasiuk's bail application.
Nor were there strong grounds for concluding Tarasiuk's appeal against sentence would be allowed, with Justice Applegarth saying his prospect of success was "fairly poor''.
On November 9 Tarasiuk was sentenced to 15 months' imprisonment, suspended after five months, after a jury found him guilty of stalking solicitor neighbour Arna Duetz over almost three years.
Tarasiuk was found not guilty of stalking his other Ivy St, Indooroopilly neighbour, Qantas pilot David Coates, after a five-week trial.
Brisbane District Court Judge Ian Dearden said it was a serious case of stalking and Tarasiuk had caused Mrs Duetz severe and prolonged emotional and mental suffering.
She had felt like a prisoner in her own home because of Tarasiuk's conduct, including calling her a "b-tch'', claims he called her an "ugly, f---ing dog b-tch'', staring into her home and following her.
Tarasiuk has appealed against both the conviction and the sentence, which his barrister, Sam Di Carlo, said was manifestly excessive.
Mr Di Carlo argued Tarasiuk should have been given a wholly suspended jail term or immediate parole.
His appeal grounds against conviction include that the guilty verdict was against the weight of evidence.
During the trial, four stalking charges were reduced to two and then two remaining stalking with circumstances of aggravation charges were reduced to two counts of simple stalking.
Mr Di Carlo said by the time the Court of Appeal considered and delivered judgment on Tarasiuk's appeal he would likely have served most or all of the five months.
Justice Applegarth said he did not have sufficient information for an informed view of Tarasiuk's prospect of success on the appeal conviction.
Mr Di Carlo was critical of some of Judge Dearden's sentencing remarks.
Justice Applegarth said in Tarasiuk's grounds for appeal against sentence it was not claimed that Judge Dearden erred in any point of law.
He said the judge's sentencing comments about Tarasiuk's lack of remorse did not demonstrate any error.
Justice Applegarth said it was a serious case of stalking involving acts over a prolonged period, leading the judge to conclude it had resulted in severe emotional and mental suffering by the complainant.
After considering other stalking sentences, the judge concluded a period of actual custody was appropriate but reduced it, to reflect matters in Tarasiuk's favour.
"I don't consider there are strong grounds for concluding that the appeal against sentence would be allowed,'' Justice Applegarth said.