Pictured: Townsville Magistrate Cathy Wadely
A top judge has accused a magistrate of ‘misunderstanding the nature of domestic violence’ after she allowed a repeat offender to walk free with just a $500 fine for his ‘minor’ wrongdoings.
Judge John Coker sentenced the man to three months in jail for his ‘controlling’ and ‘coercive’ acts towards his ex-partner during 2021 and 2022.
Judge Coker said Magistrate Cathy Wadely had underestimated the seriousness of his offending when she let him skip jail and pay a $500 fine.
The man’s record revealed he had ten previous domestic violence convictions against his ex-partner in two years and had been sentenced on four breaches in 2021 and 2022, the Courier Mail reports.
The man privately and publicly harassed and threatened his ex-partner several times over a two-year period, including at a local soccer game.
He branded her a ‘c***’ and a ‘s***’ when she didn’t give him a cigarette.
Domestic violence advocate Lloyd Clarke, father of murdered Brisbane mother Hannah Clarke and founder of Small Steps 4 Hannah, said the initial sentence revealed more education was required on coercive control (Sue and Lloyd Clarke are pictured in March, 2022)
Hours later, the woman returned home to find the man had broken his domestic violence order by entering her home.
He refused to leave her property until she threatened to call police.
In another incident, the man rang one of their children and asked to speak to the woman before berating her for drinking and dating other men.
She hung up, but was confronted by the man just hours later when he entered her property without her consent and yelled at her.
Judge John Coker (pictured) sentenced the 43-year-old man to three months in jail for his ‘controlling’ and ‘coercive’ acts towards his ex-partner during 2021 and 2022
At a birthday party being held at her home, the man again refused to leave when his ex-partner asked him too.
This time she decided to call the police, putting an end to his advances.
Judge Coker slammed the man’s initial punishment as ‘manifestly inadequate’, ‘unreasonable’ and ‘unjust’.
‘With the greatest of respect to the learned Magistrate, these were not minor breaches by any stretch of the imagination,’ he said.
‘Rather, they were repeat instances of exactly the behaviour which had previously led to periods of imprisonment being imposed in relation to this matter.’
The judge said the man had shown a lack of respect for his domestic violence order and described his actions as ‘coercive’ and ‘controlling’.
Domestic violence advocate Lloyd Clarke, father of murdered Brisbane mother Hannah Clarke and founder of Small Steps 4 Hannah, said the man’s initial sentence had revealed more education was required on coercive control.
‘This case shows there is still work to be done to get that message across to many parts of the criminal justice system, including elements of the judiciary,’ he said.
Hannah Clarke, 31, and her children Aaliyah, six, Laianah, four, and Trey, three, died at the hands of Rowan Baxter in their car in south Brisbane in February, 2020
Mr Clarke called on the Queensland government to ensure all parties in the criminal justice system received appropriate education on coercive control.
Hannah Clarke, 31, and her children Aaliyah, six, Laianah, four, and Trey, three, died at the hands of Rowan Baxter in their car in south Brisbane in February, 2020.
Baxter ambushed his ex-partner and mother of his three children while she was driving in their family car before dousing the family in petrol and setting them alight.
He died from self-inflicted knife wounds at the scene.
Hannah’s parents, Sue and Lloyd Clarke, founded Small Steps 4 Hannah which provides support services for persons at risk of coercive control and violence.
