A man in his 60s, currently working as a teacher at a northern suburbs high school in Perth, has been found guilty of threatening to kill his neighbour’s dogs, in addition to trespassing on and damaging their property, following a lengthy court process.
Stephen Elford was sentenced in Joondalup Magistrates Court on Friday after a two-year process, including a trial following not-guilty pleas to three charges, with the magistrate stating he had “self-evidently lied to police” to avoid consequences.
In October 2024, Elford broke into a neighbouring property in Carabooda by damaging an electric security gate, before threatening to kill the homeowner’s dogs and refusing to leave when asked.
In court on Friday, Elford’s lawyer Rachel Robson said in the lead up to the incident there had been “months of tension and previous arguments” over the erection of an adjoining fence.
Elford had two rottweilers and a “bully breed” on his property when one of them was attacked, allegedly by the neighbour’s dogs, leading to a severe injury to its abdomen.
The neighbours maintained it was not their dogs who attacked, saying it was not possible due to the fact they were secured in the shed and behind the security gate at the time.
Robson said her client “acted in anger” due to what had occurred and the fact his daughter had been extremely upset over the incident.
“It’s a case of responding poorly to trauma,” she said.
Robson submitted he was a person of prior good character, and was a respected member of the community as both a teacher and a person who regularly fostered dogs, asking for a spent conviction.
She also requested a violence restraining order against Elford was not granted, as there had been no contact between him and his neighbours for more than a year.
Both requests were denied, with Magistrate Andrew Maughan making it clear he did not believe Elford was of prior good character given he had deliberately lied to police, in a recorded interview and in court, and had dragged the proceedings out.
“I think you will agree that these offences are not trivial,” he said.
“And … he lied to avoid the consequences of his own actions.”
Maughan said he found Elford had “wilfully and intentionally destroyed” his neighbour’s property and made threats.
“I accept it was a stressful situation, but your response was totally inappropriate. With some hindsight, you should have taken a deep breath,” he said.
A restraining order was granted for a period of two years.
Maughan said the WA Department of Education would find out about the proceedings regardless of a spent conviction, and the case was in the public interest given his position.
“In my view you don’t meet the criteria (for a spent conviction), given the way this trial was conducted … the Education Department should be made aware of the circumstances,” he said.
A compensation order for thousands of dollars worth of damage was also requested, which Elford said he would not pay. The fence has not yet been repaired.
“If he wants to get involved in another court case, in the civil courts, that’s up to him,” Maughan said.
In a statement, an education department spokesperson said, “without commenting on the particular circumstances of this case, where a teacher is convicted with offences not related to their job, it can still have implications for their employment and registration as a teacher”.
From our partners
Read the full article here
