Former Premier League West Coast Eagles player Daniel Kerr is avoiding prison amid domestic violence allegations

Former Premier League player Daniel Kerr has avoided a longer prison sentence for six years for repeated domestic violence offenses against his former partner.

WARNING: This story contains details that some readers may find disturbing.

On Friday morning, a hearing in a Perth court heard that Kerr, 41, physically, emotionally and verbally abused the woman, destroyed her property and gained control of her finances and social media accounts.

The court found that between 2013 and 2019, the couple had been in a relationship that was disrupted by drug and alcohol abuse.

State prosecutor Fiona Clare said Kerr repeatedly attacked the woman, whose name has been withheld, including punching her while she had keys in her hands and then licking blood from them.

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

Ms Clare claimed Kerr also exercised “coercive” and “financial” control over the woman and blamed her for not being able to see her children.

In mid-2020, the woman issued a non-violent restraining order against Kerr, after which Ms Clare said she “pulled up the strength” to talk about what happened and reported him to the police.

Ms Clare paid tribute to the victim’s “courage”, saying she had shown perseverance in extremely difficult circumstances.

The court heard how the woman said in a statement that she was no longer afraid of Kerr and maintained that she now had everyone’s best interests at heart, especially his children.

The judge insisted that no prison sentence be imposed

Kerr initially intended to defend the charges, but earlier this year he pleaded guilty to one count of engaging in persistent domestic violence.

The charge was filed after Kerr was diagnosed with paranoid schizophrenia while in custody on charges of setting fire to a home belonging to his parents in 2021.

His lawyer, Kate Turtley-Chappel, said Kerr’s mental problems and drug use were a “driving force” for the perpetrator, but now that he was receiving appropriate medication and treatment, he had insight into what he had done.

Turtely-Chappel said Kerr’s mental health problems had been present for some time, but for years until he was formally diagnosed, he denied feeling unwell.

Testimonials were submitted to the court from family members, including his mother, who said she had noticed a marked improvement in his behavior and was now back to having a “great relationship” with her son.

“The person he is now is not the same person,” Turtley-Chappel told the court.

She urged Judge Wendy Gillan to impose a non-custodial sentence, saying Kerr’s mental health problems meant the issue of general deterrence played a lesser role in his sentence.

Prison sentence suspended

Judge Gillan imposed a suspended prison sentence of four years and six months with stringent conditions, meaning Kerr will be subject to community supervision, including a possible urine test.

She stressed that the sentence she handed down was not based on the fact that Kerr was a former footballer, but on the steps he was taking to rehabilitate himself, in particular due to the treatment he was receiving for his mental illness.

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

Judge Gillan said that while she was not satisfied that Kerr was not at risk of re-offending, she maintained that it was in the interests of the community that Kerr continued rehabilitation.

“You need to be vigilant to look out for mental health issues,” Kerr said.

She admitted that he was now remorseful and stated that at the time he committed the crimes his mental health condition impaired his ability to exercise good judgment and realize the wrongfulness of what he was doing.

However, Judge Gillan said she accepted Kerr had already gained a good understanding of his health problems and had met all conditions since being released on bail a year ago.

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

Judge Gillan noted that this might have taken a lot of apologies as Kerr, sitting in the dock, nodded.

She emphasized that the sentence he received was a custodial sentence and although he was not obliged to serve a custodial sentence, it carried “significant consequences”.

An order was subsequently made declaring Kerr a “serial domestic violence offender”, but because he is currently compliant with treatment, Judge Gillan did not order him to 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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