Pictured: Townsville Magistrate Cathy Wadley
A judge has accused a magistrate of “misunderstanding the nature of domestic violence” after she let a repeat offender go free with only a $500 fine for his “minor” misdeeds.
Judge John Coker sentenced the man to three months in prison for his “controlling” and “coercive” acts against his ex-partner in 2021 and 2022.
Judge Coker said magistrate Cathy Wadley underestimated the seriousness of his offense when she ordered him to skip jail and pay a $500 fine.
The man’s file showed that he had been convicted ten times in two years for domestic violence against his ex-partner and was convicted of four offenses in 2021 and 2022. Courier Mail reports.
The man attacked and threatened his ex-partner both privately and publicly several times over a two-year period, including at a local football game.
He called 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 first sentence showed a need for more education about coercive control (Sue and Lloyd Clarke are pictured in March 2022)
Hours later, the woman returned home to find that the man had violated his domestic violence order by entering her house.
He refused to leave her property until she threatened to call the police.
In another incident, the man called one of their children and asked to speak to the woman before berating her for drinking and dating other men.
She hung up the phone, but was confronted by the man several hours later when he entered her property without her permission and yelled at her.
Judge John Coker (pictured) sentenced the 43-year-old man to three months in prison for his ‘controlling’ and ‘coercive’ acts towards his ex-partner in 2021 and 2022
At a birthday party at her house, the man again refused to leave when his ex-partner also asked him to.
This time she decided to call the police, ending his advances.
Judge Coker called the man’s initial sentence “manifestly inadequate,” “unreasonable” and “unjust.”
“With the greatest respect to the learned magistrate, these were no small intrusions of the imagination,” he said.
“It was rather repeated examples of exactly the behavior that had previously led to prison sentences in connection with this case.”
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 first sentence had revealed the need for more education about coercive control.
“This case shows that 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 that all parties in the criminal justice system receive 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 driving their family car, before dousing the family with gasoline and setting it on fire.
He died at the scene of self-inflicted knife wounds.
Hannah’s parents, Sue and Lloyd Clarke, founded Small Steps 4 Hannah, which provides support services to individuals at risk of coercion and violence.