An expelled Labor MP who breached a restraining order by flooding his former partner with manipulative and belittling emails has been denied a spent conviction.
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Ben Dawkins, who is sitting in Western Australia's upper house as an independent after being kicked out of the Labor Party, pleaded guilty to 35 charges of breaching a family violence restraining order.
The breaches relate to multiple emails the 51-year-old sent over several months last year to his former partner after their relationship broke down, describing her as a "psycho mother" and "disturbed".
Magistrate Raelene Johnston on Tuesday imposed a 10-month community-based order on Dawkins, declining his request for a spent conviction.
She described his conduct as belittling, emotionally manipulative and arrogant, noting some of the emails had been sent while he was on bail after initially being charged.
"You described your offending as trivial," Ms Johnston said.
"You've deliberately breached the court order multiple times and you told the person protected that you knew you were breaching it.
"You're effectively saying to that person you will do as you please."
Dawkins was also fined $2000 in relation to the charges.
The court heard he had told his former partner in one email that he was in hospital and had named her as his next of kin.
Outside court, he described the decision as "not ideal" and said people could make up their own minds about his conduct.
A police prosecutor earlier said Dawkins' offending met all the criteria of being a "spousal abuser" despite not involving violence or threats.
"It's constant, it's continuous, it's abusive, it's picking away at the victim," the prosecutor said.
Dawkins interjected and attempted to object to the description but was ordered to remain quiet.
Ms Johnston accepted Dawkins had no previous criminal history and was of prior good character but expressed reservations over his likelihood of reoffending.
Dawkins' lawyer Michele Lord said her client "strongly disputed" the grounds for the initial restraining order and denied a claim he had previously harmed a family pet.
She said the parties had since agreed to a parenting plan and resolved a property dispute.
The matter was stood down repeatedly on Tuesday so Ms Lord could take further instructions from her client.
Dawkins, himself a lawyer, was named in fifth spot on Labor's South West region ticket for the 2021 election.
His unlikely elevation to parliament two years later was sealed by a recount when the candidate above him declined the opportunity to replace Labor veteran Alannah MacTiernan when she retired.
Labor had already suspended Dawkins by the time he was sworn into parliament in March, and he was expelled weeks later.
Ms Johnston said dealing with the charges had been a long and protracted process.
Dawkins initially pleaded guilty to 42 charges but last month successfully applied to change his plea for seven of the breaches.
An attempt to change his plea for the remainder of the charges was rejected.
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Australian Associated Press
