THE STATE OF WESTERN AUSTRALIA -v- JONES [2026] WADC 51

[2026] WADC 51 Page 1 JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA IN CRIMINAL LOCATION : PERTH CITATION : THE STATE OF WESTERN AUSTRALIA -v- JONES [2026] WADC 51 CORAM : HERRON DCJ HEARD : 18 MAY & 15 JUNE 2026 DELIVERED : 19 JUNE 2026 FILE NO/S : IND KAL 89 of 2025 BETWEEN : THE STATE OF WESTERN AUSTRALIA AND CALEB DEAN JAMES JONES Catchwords: Application for serial family violence offender declaration - Section 124E Sentencing Act 1995 (WA) - Consequences of declaration Legislation: Sentencing Act 1995 (WA), s 124E Result: Serial family violence offender declaration made -- 1 of 13 -- [2026] WADC 51 Page 2 Representation: Counsel: The State of Western Australia : Ms F M Clare (18 May 2026) & Mr T M Richards (15 June 2026) Accused : Mr H W Glenister (18 May 2026) & Mr L A Hartley (15 June 2026) Solicitors: The State of Western Australia : State Director of Public Prosecutions Accused : William Gerard Legal & The Defence Lawyers Case(s) referred to in decision(s): The State of Western Australia v Williams [2022] WASCA 105 -- 2 of 13 -- [2026] WADC 51 HERRON DCJ Page 3 HERRON DCJ: Background 1 On 18 May 2026, Caleb Dean James Jones (Mr Jones) was convicted on his own pleas of guilty of two counts on the indictment dated 23 January 2026 of on 29 May 2025 at Kalgoorlie he made a threat to unlawfully injure JNC when he was in a family relationship with JNC, and, further, that between 3 June and 13 June 2025 at Kalgoorlie he attempted to pervert the course of justice by pressuring JNC to withdraw her support for the prosecution of him so as to prevent him being prosecuted on charges of aggravated assault occasioning bodily harm. 2 Further, Mr Jones, on his own admission, was convicted of breaching a conditional suspended imprisonment order of 12 months, suspended for 12 months, imposed by the Perth Magistrates Court on 6 September 2024 after he was convicted of aggravated unlawful assault of NG, causing her bodily harm. Mr Jones breached the conditional suspended imprisonment order when on 29 May 2025 and in June 2025 he committed the offending on the indictment. 3 Mr Jones was sentenced to an overall term of 3 years 6 months' imprisonment backdated to 28 July 2025 in relation to the offending on the indictment and for the original offending which he was sentenced to 12 months' imprisonment conditionally suspended for 12 months. 4 At the sentencing hearing the State applied for an order Mr Jones be declared a serial family violence offender pursuant to s 124E(1) of the Sentencing Act 1995 (WA) (the Act). Pursuant to s 124E(5) and s 124E(6) I ordered that an assessment of Mr Jones be undertaken and that a report be provided to the court and adjourned the hearing of the State's application to 15 June 2026 to enable a report by an approved expert to be provided to the court. 5 A report authored by Ms Peterson, an acting senior Adult Community Corrections officer, dated 12 June 2026, has been provided to the court. The law 6 Section 124E of the Act provides: -- 3 of 13 -- [2026] WADC 51 HERRON DCJ Page 4 (1) A court convicting an offender of a family violence offence (category B) may declare the offender to be a serial family violence offender if - (a) the offender has, on that conviction, been convicted of at least 2 prescribed offences which may only be tried on indictment, with at least 2 of those prescribed offences having been committed on different days; or (b) the offender has, on conviction, been convicted of at least 3 prescribed offences, with at least 3 of those prescribed offences having been committed on different days. (2) For the purposes of subsection (1) - (a) the victim of each offence may, but need not be, the same person; and (b) the offences need not be the same offences; and (c) the offences need not to have occurred in the State as long as 1 of them did; and (d) 1 or more of the convictions may have been convictions by a court outside the State; and (e) it is immaterial in which order the offences were committed; and (f) an offence will not be taken into account if the offence was committed by a person who, at the time of the commission of the offence, was under 18 years of age; and (g) each of the offences taken into account must have been committed within a period of 10 years of each other unless the court is satisfied that exceptional circumstances exist that make it appropriate to make a declaration under this section (after taking into account the matters referred to in subsection (4) and such other matters as the court may consider to be relevant). (3) A declaration may be made by the court on its own initiative or on an application by the prosecutor. (4) Without limiting any other matter that a court dealing with an application under this section may consider to be relevant, the court must have regard to the following - -- 4 of 13 -- [2026] WADC 51 HERRON DCJ Page 5 (a) the level of risk that the offender may commit another family violence offence (category B); (b) the offender's criminal record; (c) the nature of the prescribed offences for which the offender has been convicted. (5) In addition, the court may - (a) before it makes a declaration, order an assessment of the offender by an approved expert; and (b) take the report of that assessment into account when deciding whether to make the declaration. (6) In connection with the operation of subsection (5) - (a) an approved expert is authorised by this subsection to examine and assess the offender and to report in accordance with this section; and (b) the report may indicate - (i) the approved expert's assessment of the level of risk that the offender may commit another family violence offence (category B); and (ii) the reasons for this assessment; and (c) in preparing the report, the approved expert may - (i) take into account any other information or report provided to, or obtained by, the approved expert; and (ii) include in the report any other assessment or opinion, or address any other matter, that the approved expert considers to be relevant in the circumstances; and (d) the approved expert may prepare the report even if the offender does not cooperate, or does not fully cooperate, in any examination associated with the assessment. -- 5 of 13 -- [2026] WADC 51 HERRON DCJ Page 6 7 By s 4 of the Act the term 'family violence offence (category B)' means an offence where the offender and the victim are in a designated family relationship with each other at the time of the commission of the offence and the offence is - (a) an offence against the Restraining Orders Act 1997 section 61(1) or (1A); or (b) an offence against The Criminal Code section 221BD, 279, 280, 281, 283, 292, 293, 294, 297, 298, 300, 301, 304, 313, 317, 317A, 323, 324, 325, 326, 328, 332, 333, 338A, 338B, 338C, 338E or 444. 8 Further, s 4 of the Act defines the term 'designated family relationship' as: a relationship between 2 persons - (a) who are, or were, married to each other; or (b) who are, or were, in a de facto relationship with each other; or (c) who have, or had, an intimate personal relationship with each other; or (d) one of whom is a child who - (i) ordinarily resides, or resided, with the other person; or (ii) regularly resides or stays, or resided or stayed, with the other person; or (e) one of whom is, or was, a child of whom the other person is a guardian. 9 Therefore, in deciding whether to declare an offender to be a serial family violence offender it is necessary to have regard to the matters referred to in s 124E(2). 10 Further, by s 124E(4) it is necessary to have regard to the need for protection of the community by considering the level of risk that the offender may commit another family violence offence. -- 6 of 13 -- [2026] WADC 51 HERRON DCJ Page 7 11 The consequences of making a serial family violence offender declaration are significant as explained in The State of Western Australia v Williams:1 19 As is apparent from s 124G of the Sentencing Act, the effect of a declaration that an offender is a serial family violence offender includes disqualification from holding any licence, permit, approval or authorisation under the Firearms Act or the Dangerous Goods Safety Act and the cancellation of any such licence, permit, approval or authorisation. Those effects are subject to the court's power to grant an exemption in exceptional circumstances. 20 There are, in addition to this effect, a number of other consequences of the making of a declaration that an offender is a serial family violence offender. 21 Those consequences may be briefly summarised. 22 Where a serial family violence offender is in custody accused of, or awaiting sentence for, a further family violence offence, bail must be refused for the family violence offence unless the judicial officer is satisfied, inter alia, that there are exceptional circumstances as to why the accused should not be kept in custody.2 23 A court sentencing a serial family violence offender for a further family violence offence must consider whether to require electronic monitoring of the offender before making a pre-sentence order,3 community based order,4 intensive supervision order5 or an order for conditional suspended imprisonment.6 Similarly, where a court is sentencing a serial family violence offender to a term of imprisonment for a family violence offence, the court must declare the offence to be a serious offence for the purposes of the High Risk Serious Offenders Act 2020 (WA) and pt 5A of the Sentence Administration Act 2003 (WA).7 The latter provisions provide for the making of post-sentence supervision orders by the Prisoners Review Board. 1 The State of Western Australia v Williams [2022] WASCA 105 [19] - [24] (Williams). 2 Bail Act 1982 (WA) sch 1, pt C, cl 3F. 3 Sentencing Act s 33HA. 4 Sentencing Act s 67A. 5 Sentencing Act s 76A(1A). 6 Sentencing Act s 84CA(1A). 7 Sentencing Act s 97A(3), s 97A(6) - s 97A(7). -- 7 of 13 -- [2026] WADC 51 HERRON DCJ Page 8 24 Finally, where the Prisoners Review Board is considering making a parole order,8 a re-entry release order9 or post-sentence supervision order10 in relation to a serial family violence offender who has been serving imprisonment for a family violence offence, the Prisoners Review Board must give specific consideration to imposing conditions for the electronic monitoring of the offender. 12 The purpose of making a serial family violence offender declaration is protective and for the purpose of ameliorating the risk the offender may commit another family violence offence.11 13 Further:12 The protective nature of the power to make a declaration that an offender is a serial family violence offender is also made clear from the fact that, by s 123(1) of the Sentencing Act, such a declaration is not part of the sentence imposed on the offender. While a declaration may have adverse consequences for the offender, its purpose is not to punish the offender but to protect other persons from potential family violence offences in future. Section 123(1) is relevant in a further respect. It means that s 10 of the Sentencing Act (which provides that if the statutory penalty for an offence changes between the time when the offender committed it and the time when the offender is sentenced for it, the lesser statutory penalty applies for the purposes of sentencing the offender) does not apply to a declaration under s 124E. It supports the construction of s 124E that enlivens the discretion upon 'conviction' for a family violence offence, whenever it was committed (subject to the 'relation back' period). Factual basis of application 14 The State relies on Mr Jones' conviction of count 1 on the indictment of aggravated threat to harm as a 'family violence offence' for the purposes of s 124E. The victim of the offence was JNC who was in a designated family relationship with Mr Jones at the time. 15 The State also relies upon the following previous convictions of Mr Jones for other prescribed offences: 8 Sentence Administration Act s 30. 9 Sentence Administration Act s 57. 10 Sentence Administration Act s 74G. 11 Williams [61]. 12 Williams [62]. -- 8 of 13 -- [2026] WADC 51 HERRON DCJ Page 9 Charge Number Offence Date of Offence Victim Strictly Indictable MI 24/1768 Section 317(1) Aggravated Assault Occasioning Bodily Harm 18 February 2024 NG No MEE 21/283 Section 317(1) Aggravated Assault Occasioning Bodily Harm 26 November 2021 JNC No MEE 20/314 Section 313(1)(a) Common Assault in Circumstances of Aggravation 2 December 2020 JNC No CAR 19/237 Section 317(1) Aggravated Assault Occasioning Bodily Harm 7 March 2019 JNC No 16 In respect of Mr Jones' present and prior convictions: (a) there are two victims of these offences, as above, who were each in a designated family relationship with the offender at the relevant time; (b) each of these offences occurred in Western Australia and the offender was 18 years of age or older at the time each offence was committed; and (c) each offence was committed within a period of 10 years of each other. Mandatory considerations 17 Regarding the factors that the court must consider under s 124E(4) of the Act, the State relies on the following. -- 9 of 13 -- [2026] WADC 51 HERRON DCJ Page 10 Mr Jones' criminal record 18 Mr Jones only has a criminal record within Western Australia. 19 In addition to the prescribed offences, Mr Jones has further offended violently against TKG by committing an offence of aggravated common assault against her. TKG was not a domestic partner of Mr Jones, however she was the aunt of Mr Jones' then-partner. This offending affirms Mr Jones' propensity for violence against women. 20 Mr Jones also has a history of breaching court orders by both non-compliance and reoffending, including numerous breaches of bail and protective bail conditions, conditionally suspended imprisonment orders and police orders. 21 In 2019, Mr Jones committed the offence of a breach of police order, relating to an order protecting JNC (CAR 19/1180). 22 In 2020, Mr Jones committed the offence of breach of protective bail conditions relating to bail conditions protecting JNC (MEE 20/315), conduct connected to the prescribed offence of aggravated common assault (MEE 20/314). 23 In 2021, Mr Jones committed the offence of breach of protective bail conditions relating to bail conditions protecting JNC (CAR 22/18). Nature of prescribed offences 24 The State submits:13 19. The prescribed offences are serious and are not one-off aberrations of character. Rather, they have occurred over a span of 7 years, and a combination of terms of imprisonment and community based dispositions have not deterred him from reoffending in a similar manner. 20. The prescribed offences largely involve the use of physical violence and intimidation. The ongoing offending demonstrates a continued pattern of family violence against two intimate partners that sentencing dispositions have not deterred. 25 I accept those submissions. 13 The State's outline of submissions on application for serial family violence offender declaration dated 1 May 2026, pars 19 and 20. -- 10 of 13 -- [2026] WADC 51 HERRON DCJ Page 11 Risk of committing another family violence offence (category B) 26 I turn to consider the assessment report of Ms Peterson dated 12 June 2026. Ms Peterson interviewed Mr Jones on 10 June 2026. Ms Peterson said that when discussing specific family and domestic violence (FDV) against intimate partners incidents of which he has been convicted, a clear pattern emerged in which he claimed memory impairment to avoid discussing his offending behaviour. Although Mr Jones was able to recall detailed elements of events when constructing a narrative that positioned himself as a victim, when the discussion shifted to exploring his behaviours and actions he reported an inability to recall events and attempted to deflect and redirect the narrative. Throughout the interview Mr Jones consistently portrayed himself as a victim and justified his choice to use violence. He disputed the severity of the incidents and the violence perpetrated by him against the victims. 27 Ms Peterson said that Mr Jones has outstanding treatment needs in relation to the impact and understanding of FDV, taking responsibility for his actions and to teach him how to control his emotions and resolve conflict without resorting to violence. 28 Ms Peterson also noted that both during his current term of imprisonment and when previously being sentenced to terms of imprisonment for earlier FDV offences, Mr Jones has not engaged in any treatment or counselling to address his FDV behaviours. She regarded him as an elevated risk of further family violence offending against intimate partners, particularly having regard to his attitude appearing to support the use of violence against intimate partners and his generally antisocial attitude. 29 Ms Peterson also noted that from Mr Jones' criminal record he appears to demonstrate a disregard for court-imposed sanctions, including protective orders, noting he has been convicted of breaches of protective bail conditions on two occasions, on 21 January 2022 and 20 January 2021 and a further conviction for breaching a police order on 16 December 2019. Further, despite having previously been subject to periods of supervision by Adult Community Corrections and having been sentenced to terms of imprisonment, Mr Jones has not been deterred from continuing to offend against intimate partners. Mr Jones failed to demonstrate any insight into or understanding of how his behaviour impacted on the wellbeing of his victims. -- 11 of 13 -- [2026] WADC 51 HERRON DCJ Page 12 30 It was also noted that to his credit, when he was sentenced to the conditional suspended imprisonment order on 6 September 2024, which of course he breached by the offending which is before me, his compliance with the order was mostly satisfactory and he engaged in eight alcohol and drug counselling sessions prior to being remanded in custody on 25 May 2025. 31 JNC is the mother of Mr Jones' three children. In my view, that fact is likely to heighten the risk of Mr Jones again violently offending against JNC if he sought to have ongoing contact with his children. 32 Defence counsel, in my view quite properly, conceded from Ms Peterson's report that Mr Jones was a heightened risk of reoffending but submitted he had not benefitted from any FDV intervention or counselling and should be given a further opportunity to get such treatment. 33 I have formed the view, based essentially on Ms Peterson's report, that Mr Jones is unlikely to meaningfully engage in any FDV treatment or counselling which might be offered to him while he is in custody. He continues to show limited insight into the seriousness of his offending and appears unwilling to change his ways. His heightened risk of reoffending by committing another family violence offence increases the need for protection of the community. Conclusion 34 Having regard to the report and to Mr Jones' criminal history, I find there is a real and substantial risk that Mr Jones will commit further family violence offences. Although a serial family violence offender declaration is not a part of the sentencing proceedings, I am satisfied there is a need for such a declaration to be made for the protection of the community, specifically future and past partners of Mr Jones, against the high risk of him committing further offences of violence against his intimate partners, or a person with whom he is in a 'designated family relationship'. 35 Accordingly, pursuant to s 124E(1) of the Act, I declare Mr Jones to be a serial family violence offender. -- 12 of 13 -- [2026] WADC 51 HERRON DCJ Page 13 36 Further, pursuant to s 97A(6) and s 97A(7) of the Act, I declare the offence on count 1 on the indictment to be 'a serious offence' for the purposes of: (a) the High Risk Serious Offenders Act 2020 (WA); and (b) the Sentence Administration Act 2003 (WA) pt 5A. I certify that the preceding paragraph(s) comprise the reasons for decision of the District Court of Western Australia. KG Associate to Judge Herron 19 JUNE 2026 -- 13 of 13 --