A MAN will spend 10 months in jail after he was caught visiting his daughter in breach of a violence restraining order (VRO) while another man was set free from custody despite stalking a protected person as she drove on Pinjarra Road.
Kai Richard Hand was sentenced to 10 months jail after he was arrested at his ex-partner's house asleep with his two-year-old daughter just 16 days after he narrowly avoided a prison term for the same offence.
Placed on a nine-month suspended prison term on that occasion, Mr Hand, who appeared in court via video link on Friday, said his ex contacted him to arrange for him to see his daughter.
He said he did not know the restraining order was in place but pleaded guilty to the breach, admitting his actions were 'stupid'.
Given Mr Hand's criminal record, Magistrate Leanne Atkins triggered part of the suspended prison term and added five months to his sentence.
"I need to bring home the fact you can not ignore court orders," she said in sentencing.
Also in court on Friday was Brian Frederick Gamage who pleaded guilty to breaching his VRO.
The court heard the protected person was driving on Pinjarra Road about 8.30am when she noticed Mr Gamage in the vehicle directly behind her.
The woman changed lanes multiple times in an attempt to lose Mr Gamage and later turned into Dower Street but was cornered by Mr Gamage at the Billy Dower Youth Centre carpark before she could drive directly to the Mandurah Police Station.
Counsel for Mr Gamage tried to argue his client was simply looking for his dentist on Pinjarra Road and did not realise the vehicle in front was the person protected from him.
"They were just driving into Mandurah at the same time," counsel argued.
Magistrate Atkins questioned why someone like Mr Gamage, who has lived in the region for 20 years, did not know where the dentist was, considering his appointment was not until 10am.
"I am surprised you found it necessary to drive past [the dentist on Pinjarra Road] an hour before, when you have lived in the area for 20 years," she said.
She also questioned why Mr Gamage also turned into Dower Street, after the protected person but counsel said he was simply doing a 'U-turn' after he located the dentist.
Mr Gamage was fined $600 and released from custody given he had no prior breaches on his record.
