During sentencing at Inverell Local Court in May, Magistrate Holly Kemp said the only things that kept the man from a jail sentence was his complete lack of criminal record, as well as him "putting his hand up and accepting his wrong-doing".

"The fact he is a (man in his 70s) with no prior conviction shows me that serious domestic violence touches all aspects of our community," she noted.

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His solicitor, Stephen Collins, asked the court to consider not recording a conviction for the lone charge of domestic violence-related stalk and intimidate.

"Way off. That's a hard no. I'm looking at prison," Magistrate Kemp stated.

Mr Collins "hoped" the court would accept the submission on the basis of the man's contrition, no criminal history at his age, his "inability" to ever carry out such a threat - given his extensive list of medical concerns and recent surgeries - as well as his cooperation and "exemplary behaviour" since police became involved.

"He couldn't have carried out the threat... but not saying serious harm couldn't be carried out by an elderly person", Mr Collins said.

He said his client, who was supported by his children in the court house, had plead guilty to the charge and acknowledged the fear it could have caused.

"He said it as a joke... but it's hard not to look at those words without seeing below the surface," Mr Collins said.

With poor health and upcoming surgery, Mr Collins continued that "he has a lot more to worry about that to cause any incidents to (the victim)".

The police prosecution was quick to argue against a non-conviction, saying that "not recording a conviction would be manifestly wrong given the threshold."

Reading the facts the man had plead guilty to, Magistrate Kemp said it "beggars belief" that such a submission was made.

"Not recording a conviction for this crime is so far out of the realms of reality," she said, describing the words he said were "scary", "intentional" and "utterly alarming".

He was convicted and placed on a supervised 18-month community corrections order. An AVO was finalised to include conditions that he not go near or contact the victim.

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