Adam John Gilby declared serial family violence offender after four-year-old son left with serious bruising

A Dawesville man has been declared a serial family violence offender after an assault that left his four-year-old son with serious bruising. Adam John Gilby, 39, appeared before Rockingham Magistrates Court on Wednesday charged with four counts of family violence breaches and one count of assault. Prosecutor Sergeant Naomi Foster told the court Gilby had continuously breached a family violence restraining order since it was served in 2018, with the latest string of breaches occurring in 2021. On June 12, 2021, Gilby was at home with his four-year-old son, who is also a protected person on the FVRO. Gilby had just finished showering his son and instructed him to wait in the bathroom while he got some pyjamas for him. When he returned, he saw his son pouring bleach around the bathroom. He then placed the boy on the ground and smacked him with an open hand, causing bruising to the left side of his bottom. The boy’s grandmother became aware of the bruising when he was at her house four days later and took photos of the injury to report to police. The four-year-old said he had been smacked four times. Gilby was arrested and interviewed by police, admitting to the incident and saying: “I had no intent on doing that to him”. The boy’s mother was at Murphy’s Irish Pub in Mandurah on November 12, 2021, when Gilby approached her and was seen talking to her for about half-an-hour before following her back to her car. This was also in breach of the current restraining order. When questioned by police, he said “We have been actively seeing each other”. The following day he sent 23 text messages to the victim, saying “thank you for using me and throwing me away” and “you don’t give a f*** about anyone but yourself”. Duty counsel Vamanan Yogendran said the facts were accepted and Gilby “regrets breaking the order”. “He was frustrated at the time . . . and the victim initiated contact first with him,” he said. “There has been no contact with the victim since.” Mr Yogendran said Gilby was “remorseful for the offending” and the assault on his four-year-old son was in the “context of discipline rather than cruelty”. Mr Yogendran said Gilby had a “very traumatic childhood” and experienced abuse at the hands of his own father. “This has been a time for him to reflect on his past experience and break the cycle,” Mr Yogendran said. Sgt Foster said the bruising was “extensive” and the court should consider a term of imprisonment. Magistrate Vivien Edwards said the assault was serious and the four-year-old was “very vulnerable”. “The court takes these charges very seriously,” Ms Edwards said. Ms Edwards declared Gilby a serial family violence offender and sentenced him to eight months imprisonment, suspended for 18 months, and ordered to pay $134.50 in court costs.