Joseph Benjamin Cotterell warned by magistrate to “stay away” after multiple breaches

A magistrate has warned a Rockingham man to “stay away” from his mother and brother after being spotted loitering around their Cooloongup home multiple times last month despite having a family violence order in place. Joseph Benjamin Cotterell, 38, appeared via video link before Rockingham Magistrates Court on Friday, pleading guilty to one count of fail to obey an order given by an officer, one count of obstructing public officers, one count of breach of bail and three counts of breaching a family violence restraining order. Police Prosecutor Sen. Const. Jessica Anderson told the court that Cotterell had been served with a family violence order with the protected persons being his mother and brother, with one of the conditions of that order not being within 100m of the protected persons’ address. On April 10 at 5.51pm the victim observed Cotterell walking outside on the footpath outside his Cooloongup home. While the victim was driving his vehicle, he saw Cotterell standing at the front gate of a home that was just two houses away. The victim then reversed into the driveway of his home and as he did this Cotterell walked past the address staring at him. When questioned by police, his explanation was: “I have to walk past the house to get to the Salvos store.” On April 3, about 5.18pm, as the victim was leaving the address, he spotted Cotterell walking on the footpath just outside the home. The victim quickly retreated back inside the address until Cotterell had left. On March 28, at 12.30pm, the female victim had pulled into her driveway and while sitting in her vehicle, she observed Cotterell walking on a footpath at the front of her home. She notified police and he was later arrested. On March 11, 11.15am, police located and placed Cotterell under arrest in relation to another matter. At the time he was behaving in an erratic and drug-affected manner. Officers attempted to place handcuffs on him, however, he struck out at officers with a closed fist and continued to swing in their direction. Cotterell continued to resist arrest and fight with officers. Officers had to taser him in an attempt to get him under control, however, this was ineffective. The officers then attempted to place his right arm behind his back, but he continued to fight back. He was told multiple times to place his hands behind his back and stop resisting, which he refused to do. Police were eventually able to gain control and handcuff him. He was conveyed to Perth watchouse. During the altercation one of the officers sustained an injury to his left shoulder and another suffered a 1cm cut to his hand. Cotterell, who was self-represented, told the court that he tried to inform officers that he needed medical assistance, before the struggle took place. He also denied being under the influence of drugs at the time of the incident. Magistrate Steven Malley said that although Cotterell was in a third strike position the offending isn’t at a “higher level”. “There are no allegations of violence . . . but be warned if that was to happen again you’re going to jail. Stay away,” he said. “Find a different way, I don’t care how it is, do not go back past that house.” Cotterell received a global fine of $3000 for all charges. 1800 RESPECT (1800 737 732)