By PRATHAMESH DESHPANDE
An Esperance woman accused of burglary withdrew her guilty pleas after the magistrate warned her of a possible imprisonment sentence.
Representing herself at the Esperance Magistrates Court on Tuesday, Jo-Anne Martin, 52, told Magistrate Janie Gibbs she did not require any legal advice after she was asked if she wanted a lawyer. She said she wished to plead guilty to the charges of aggravated home burglary and commit and stealing.
Senior constable Brent Reid said Ms Martin was a repeat offender with similar convictions dating as far back as 2003. Magistrate Gibbs told the accused that upon conviction of this offence, she could face two years of imprisonment.
Ms Martin subsequently withdrew her guilty pleas.
“People who say they don’t need legal advice are often wrong about it,” Magistrate Gibbs said.
Ms Martin is scheduled to appear at the Esperance Magistrates Court on July 9 for legal advice.
Her co-accused Benjamin Christopher Herbert, 44, was convicted of the same offence. He also declined the magistrate’s offer of obtaining legal advice from a lawyer.
“So, like everyone else you don’t want legal advice? It’s a serious offence,” Magistrate Gibbs said.
Snr Constable Reid said at around 7.44pm on May 31, Herbert and the co-accused entered an unoccupied short-stay Airbnb house on West Beach using a sliding glass door and stole a NetComm Wi-Fi modem valued at $200. He said this was captured on CCTV.
Snr Constable Reid said he made full admissions to the police after his arrest. He said Herbert told the police “it was stupid, honestly” and he was “very sorry that I did it”.
“I’m currently seeking counselling for PTSD,” Herbert told the court.
“Things have been tough; I was recently homeless, but I’ve got somewhere to live now.”
Magistrate Gibbs noted some convictions on his record from 2009 and 2023. She said she was satisfied that Herbert would “stay out of trouble” because of the “gap in offending”.
Magistrate Gibbs fined him $1,000 and $141.50 in court costs.
