Queensland magistrate slammed by judge over ‘unjust’ $500 coercive control fine

A magistrate has been criticised by a senior judge for her “total misunderstanding of the nature of domestic violence” after she fined a man just $500 despite his shocking confrontations with his ex-partner.

A Queensland magistrate has been slammed by a senior judge for her “total misunderstanding of the nature of domestic violence” after fining a man just $500 despite his repeated harassment of his ex-partner in shocking displays of coercive control.

Judge John Coker branded Townsville Magistrate Cathy Wadley‘s penalty “manifestly inadequate”, “unreasonable” and “unjust” and instead sentenced the offender to jail.

The 43-year-old offender, who had 10 previous domestic violence convictions against his ex partner in two years, was sentenced on four breaches committed in 2021 and 2022.

In once incident, he approached her at a football game and started abusing her, calling her a “slut” and a “c**t” in front of her children, when she wouldn’t give him a cigarette.

The offender then left the stadium and let himself into her home without her knowing late at night – ignoring the conditions of his domestic violence order and her wishes.

She found him inside her house when she returned home and he only left when she called the police.

Magistrate Cathy Wadley.

Townsville District Court Judge John Coker.

Weeks later, the offender breached again when he called their child’s phone and asked to speak with the woman, before berating her for dating other men and drinking.

She hung up and ignored his further calls, but the offender went around to her house uninvited, entered her private yard and yelled out to her before leaving.

The man breached his order again a few months later when he wouldn’t leave the woman’s house when she asked after a birthday party. She called the police and he finally left her alone.

Magistrate Wadley described the offending as “minor”, during the sentence in March last year, issuing a $500 fine.

“They are minor breaches,” she said at the time.

But, in the appeal judgement delivered this year, Judge Coker said Magistrate Wadley had completely “misconstrued” the events.

“It is a total misunderstanding of the nature of domestic violence and the nature of control and dominion being exercised in relation to a former intimate partner,” Judge Coker said.

“With the greatest of respect to the learned Magistrate, these were not minor breaches by any stretch of the imagination.

“Rather, they were repeat instances of exactly the behaviour which had previously led to periods of imprisonment being imposed in relation to this matter.

“They are controlling. They are coercive and, most importantly, they are significant indications of a lack of appreciation or respect by the respondent of the orders previously made, and of the opportunities given to change the direction of his ways.”

Judge Coker said the initial sentence was “manifestly inadequate”, “unreasonable” and “unjust”, and sentenced the man to three months’ prison.

“It fell below what could even be considered the most lenient of penalties that might be imposed in relation to the matter,” he said.

Magistrate Wadley started working at Legal Aid in 1997 before joining the bench in 2007. She has been a magistrate in Townsville ever since.

Domestic violence advocates Sue and Lloyd Clarke. Picture: Wayne Taylor

Domestic violence advocate Lloyd Clarke, father of murdered Brisbane mum Hannah Clarke, said the “serious” case showed there was more work to be done in the coercive control space in terms of education.

The founder of Small Steps 4 Hannah Foundation said it was essential that a strong education program on coercive control be implemented in the legal system.

“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,” Mr Clarke said.

“We urge the Queensland Government to ensure appropriate education and training is rolled out throughout the criminal justice system – from police officers who deal with coercive control on the front line all the way through to Magistrates and Judges.

“This is the only way we can confront coercive control and put an end to it.”

The Office of the Chief Magistrate said multiple training sessions on domestic violence were held every year, including recent coercive control sessions at this year’s State Magistrates Conference, and numerous publications.

“There has been a particular emphasis on professional development for Queensland magistrates regarding domestic and family violence related topics since 2016,” the spokesman said.

The Courier-Mail contacted Attorney-General Yvette D’Ath for comment about the appeal, but a spokesman from her office replied with a statement saying the government was committed to ending domestic violence.

“Earlier this year we passed The Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022, strengthening laws to address patterns of coercive control, with the aim to create a stand-alone offence of coercive control later in the year,” the spokesman said.

“Appeals like this provide guidance and establish precedents.”

The Courier-Mail reached out to Magistrate Wadley for comment but she declined.

Hannah Clarke’s murder has prompted her parents to raise awareness about coercive control behaviour.

In 2020, Mr Clarke’s daughter Hannah and her three children, Aaliyah, Laianah and Trey, were murdered by her ex-partner, Rowan Baxter, when he ambushed her, jumped in her car, and doused his family in petrol before setting them alight.

The tragic deaths of Hannah and her children sparked a movement from her parents, Sue and Lloyd, who made it their mission to raise awareness about coercive control behaviour and honour their daughter and grandchildren.

The government committed to enacting a stand-alone coercive control offence in wake of Clarke’s tireless campaigning, which is expected later in the year.

Originally published as Queensland magistrate slammed by judge over ‘unjust’ $500 coercive control fine