Father spared jail for threat to mother of his children

A FORMER serviceman from Derbyshire sent his ex-partner a letter threatening to kill and “stab her up”.

Southern Derbyshire Magistrates’ Court heard fatherof-two Joseph McPhee was suffering “an emotional breakdown” when he wrote the note to the woman.

The 46-year-old wiped tears from his eyes during the hearing in Derby and then apologised to the sentencing judge for what he did.

Handing him a 12-week jail term, suspended for a year, District Judge Jonathan Taaffe said: “I accept there are issues which are bubbling under the surface and I accept this is a situation where you have become pretty emotional.

“You uttered these threats during the course of an emotional breakdown but those threats are serious and concerning.”

The defendant, wiping tears from his eyes in the dock, said: “I am really sorry for what I did.”

Rosie McDaid, prosecuting, said McPhee and the victim had previously been in a seven-year relationship and that they had two children together, now aged 19 and 17.

She said that relationship ended around 2007 and that they had little contact with each other since.

The prosecutor said: “On July 19, 2022, he called the police saying he had problems with his ex and that he wanted her to leave him alone. He said he believed she was telling their daughter horrible things about him.

“He sent a letter to her in which he said if he saw her he would kill her and that next time he saw her he would ‘stab her up’. In a victim impacts statement (the woman) said she did not believe he would carry out these threats and the worst thing he would do would be to damage her car.”

McPhee, of Darley Close, Chesterfield, admitted sending a letter that contained a threat with the intention of causing anxiety.

Georgia Collins, mitigating, said her client has suffered anxiety and depression as a result of previously serving in the military.

She said: “During my conference with him he broke down crying saying he should not have sent that letter. He said he felt bullied by her.”

As well as the suspended sentence, Judge Taaffe handed McPhee a two-year restraining order not to contact the victim or go to her address. He also told him to pay £85 prosecution costs and a £156 victim surcharge.