A Mandurah magistrate faced a complex sentencing decision involving a high-risk domestic violence offender who argued he unintentionally violated a court order by entering a prohibited area.
Court hears details of the breach
Kevin Steele, who was fitted with an electronic monitoring bracelet following a serious assault on his partner in 2024, appeared in Mandurah Magistrates Court earlier this month via videolink from Hakea Prison. He pleaded guilty to failing to comply with an order prohibiting him from entering a stated area in Waikiki.
The court was told that in December, Steele was a passenger in a car driven by a female friend when it entered a street within the exclusion zone. Steele claimed he had informed the driver about the order and his restrictions, but the vehicle entered the zone regardless.
Police alerted and arrest made
The entry into the restricted area triggered an alert to police, leading to Steele's arrest on December 6 for breaching the order. He was subsequently remanded to Hakea Prison, where he spent three nights in custody before his court appearance.
Magistrate Leanne Atkins described the situation as a challenging sentencing exercise. She noted that Steele had been largely compliant with the order until this incident and questioned whether jailing him for the actions of the driver was appropriate.
Magistrate's warning with a fine
"These are more unusual circumstances than normal," Magistrate Atkins remarked during the hearing. She ultimately decided that a $1000 fine was sufficient for this breach, given the specific context.
However, she issued a stern warning to Steele, stating, "you've got a flavour for where you'll end up if you breach the order again." The original assault charge stemmed from an incident in March 2024, where Steele knocked his then-partner unconscious during an argument at their Waikiki home.
The case highlights the complexities of enforcing domestic violence protection orders and the challenges courts face when technical breaches occur under disputed circumstances.
