A man has been declared a serial family violence offender and will remain in prison until 2024 after breaching a restraining order less than a month after being convicted for a shocking assault on his ex partner.
Caine Anthony Edward Gilbert, 37, appeared in Mandurah Magistrates Court from Casuarina Prison on Tuesday, January 24, for sentencing on five counts of breached a family violence restraining order.
The court was told the breaches occured between November 12 and 15, 2022, with Gilbert sending his ex-partner a series of text messages and emails, some of which were abusive in nature.
Police were notified and Gilbert was arrested and taken into custody on November 20, where he has remained since.
Duty lawyer Claudia Smilovitis said his behaviour showed a “drunk man who wasn’t willing to accept the relationship was over”.
“He instructs me that his ex had called him while with her new partner and that both of them had verbally abused him over the phone,” she said.
“It triggered him and he turned to alcohol to cope, the drinking escalating to a point where he doesn’t remember sending those emails and texts.
“He now accepts he needs to abide by the order and wishes to seek more alcohol-related counselling and treatment to reduce any further risk to the community.”
The latest offences were in breach of a seven-month conditionally suspended imprisonment order, which Gilbert was sentenced to on October 21, 2022, in relation to an assault on the same complainant.
The assault saw Gilbert kick down a locked door at the Dawesville residence, grab the victim by the shirt and snatch her phone before breaking it. He then damaged a table and left the home after her teen daughter intervened.
Magistrate Leanne Atkins said it was “disappointing” to see Gilbert back in court so soon.
“I told you in October that you would be facing seven months in prison if you were to re-offend, unless it was unjust of me to activate it,” she said.
“You knew that and you understood it.
“22 days it took for you to commit further imprisonable offences.”
Ms Atkins said she now had to consider whether to declare Gilbert a serial family violence offender after an application was made by the prosecution.
Under the Sentencing Act 1995 (WA), a Criminal Court has the power to declare someone a serial family violence offender if it convicts them of a family violence offence and then, counting that conviction, they have at least three convictions for similar offending or two convictions for similar offending that are dealt with in the District or Supreme court.
“Your record doesn’t make for pleasant reading, Mr Gilbert,” Ms Atkins said.
“You have historic acts of violence against an intimate partner and you need to realise you are not above the law.”
Gilbert was sentenced to a total of 16 months imprisonment and declared a serial family violence offender.
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