By Chris Thomson | posted on March 23, 2018
A PIZZA delivery driver has been convicted of breaching a violence restraining order by briefly gesturing to his ex-girlfriend as he drove past her after delivering a pizza at Yakamia.
On March 15, Bayley Alexander Haines, 18, pleaded guilty in Albany Magistrates Court to one count of breaching a family violence restraining order.
Police prosecutor Cameron Clifford said Haines had communicated and come within 50m of his ex-girlfriend, contrary to conditions of the order.
Sergeant Clifford said that in December, after Haines had delivered a pizza to a house in Yakamia, he “waved” as he drove past the woman who was walking beside the street.
Haines’ defence lawyer said he admitted those facts, but he had both hands on the steering wheel at the time and the “wave” referred to was the casual raising of a single finger.
“There doesn’t seem to be any indication of intimidation of the protected person,” Haines’ lawyer said.
Magistrate Raelene Johnston heard Haines was in a brief relationship with the protected woman.
Some time after Haines and the woman broke up, a dispute arose over money he had lent to her.
When the woman took out the order, Haines did not object.
Magistrate Johnston said breaking a family violence restraining order was a “serious charge”, but “it was circumstance” that led to the breach.
“Although it is a breach, it is at the lower end of the scale,” she told Haines.
Magistrate Johnston ordered Haines not to reoffend in the next 12 months, lest he be fined $500.
