‘Spousebusting’ private eye to appeal jail sentence
.A private detective who investigated unfaithful partners is appealing against a nine-month jail sentence handed down for posing as a federal agent.
The sentence surprised 28-year-old Brett Sutcliffe’s lawyer, who had argued for leniency in the case.
Downing Centre Local Court heard Sutcliffe was carrying out surveillance in a parked car at North Bondi last July.
Sutcliffe’s lawyers later said he would challenge the sentence and Sutcliffe was released on bail pending the appeal.
The woman realised who he was six weeks later when she saw a television report on his company “Spousebusters”.
When a 77-year-old woman asked him to move from a disabled parking space he said he was a federal investigator and later sent her a threatening letter saying she had interfered with an Australian Federal Police investigation.
He also said his client would suffer financial hardship after his licence was cancelled.
Arguing for leniency, Sutcliffe’s lawyer told the court his client had pleaded guilty at the earliest opportunity to charges of impersonating a Commonwealth public official and using the postal service to menace, harass or offend.
And though Sutcliffe’s lawyer said he had not engaged in physical intimidation, Ms O’Shane said Sutcliffe’s offence was against an elderly woman and that the letter he sent was intimidating.
But Magistrate Pat O’Shane, imposing a custodial sentence rather than a fine, said it was a serious offence.
A copy of the letter he sent to Pauline English formed part of the fact sheet tendered to the court.
Ms O’Shane had previously ordered Sutcliffe to undergo counselling, saying the incident reeked of immaturity. Sutcliffe was also fined $5,000.
Sutcliffe displayed no reaction as Ms O’Shane handed down the sentence of 12 months’ jail with a non-parole period of nine months followed by a good behaviour bond.