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Former West Coast Eagles player Daniel Kerr avoids jail over repeated assaults on ex-partner

Former AFL premiership player, Daniel Kerr, has avoided more jail time for repeated domestic violence offences against his ex-partner over six years.

WARNING: This story contains details some readers may find distressing.

The hearing in a Perth court on Friday morning heard Kerr wielded physical, emotional and verbal abuse over the woman, destroyed her property and gained control of her finances and social media accounts.

The court was told the couple were in a relationship between 2013 and 2019.

Kerr was free to leave after being sentenced.(ABC News: West Matteeussen)

State prosecutor, Fiona Clare, said Kerr repeatedly assaulted the woman, whose name is suppressed, including punching her while he had keys in his hands and then licking the blood off them.

The court heard on other occasions, Kerr grabbed the woman by her hair, threw her against a wall, punched her while she was holding their child and twice put his hand around her neck and choked her.

Ms Clare said Kerr also exercised “coercive” and “financial” control over the woman and would blame her for not being able to see his children.

In mid-2020, the woman took out a violence restraining order against Kerr before Ms Clare said she “gathered the strength” to talk about what had happened and reported him to police.

Ms Clare paid tribute to what she called the victim’s “bravery” saying she had showed tenacity of spirit in extremely difficult circumstances.

The court heard the woman said in a statement she no longer is scared of Kerr and maintained that she now had the best interests of everybody at heart, particularly his children.

Judge urged not to impose jail term

Kerr initially was going to defend the charges, but earlier this year pleaded guilty to one count of engaging in persistent family violence.

The plea followed Kerr’s diagnosis of suffering from paranoid schizophrenia, which happened while he was in custody on remand on a charge of setting fire to a house owned by his parents in 2021.

His lawyer, Kate Turtley-Chappel, said Kerr’s mental health issues and his drug use were the “driving” forces for the offending but now that he was properly medicated and receiving treatment, he had insight into what he had done.

Daniel Kerr in his playing days

Daniel Kerr played 220 games for the West Coast Eagles. (AAP Image: Julian Smith)

Ms Turtely-Chappel said Kerr’s mental health issues had existed for some time but for years, until his formal diagnosis, he denied being unwell.

References were provided to the court from family members, including his mother who said she had seen a marked improvement in his behaviour and had now returned to having “a wonderful relationship” with her son.

Ms Turtley-Chappel urged the Judge Wendy Gillan to impose a non-custodial sentence saying the impact of Kerr’s mental health issues meant the issue of general deterrence played a lesser role his sentencing.

Jail term suspended

Judge Gillan imposed a suspended jail term of four years and six months with strict conditions that mean Kerr will be subject to supervision in the community, including possible urinalysis.

She described his fall from grace as “considerable” saying his success as a footballer, is both a blessing and a curse, because it meant his life was played out in the glare of the public.

A man in a white jumper walks out of court with black sunglasses

Daniel Kerr outside court in Perth on Friday, May 7 2024.(ABC News: West Matteeussen)

Judge Gillan said while she was not satisfied Kerr was not a risk of reoffending, she maintained it was very much in the community’s interest that Kerr continue with his rehabilitation.

“You have to be vigilant to keep on top of your mental health issues,” she told Kerr.

She accepted that he was now remorseful and found that his mental health condition had, at the time of the offences, impaired his ability to exercise proper judgement and to realise the wrongfulness of what he was doing.

But Judge Gillan said she accepted Kerr had now developed good insight into his health issues and since he had been released on bail, a year ago, he had been compliant with all the conditions.

Importantly, she said, Kerr had rebuilt his relationship with his family.

Judge Gillan noted it might have involved a lot of apologies, as Kerr nodded his head while he sat in the dock.

She stressed to him the sentence he received was a sentence of imprisonment and while he was not required to serve the time in custody, it carried with it “considerable consequences”.

An order was then made declaring Kerr a “serial family violence offender” but because of his current compliance with treatment, Judge Gillan did not rule that he be subject to electronic monitoring.

Kerr is the brother of Australian soccer star Samantha Kerr and retired from the AFL in 2013 after playing 220 games for the West Coast Eagles.

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Source: AFL NEWS ABC