A police bid to have a repeat graffiti vandal placed on a "name and shame" order which would have restricted his travel on public transport was rejected by a Perth magistrate yesterday.
Police applied for a prohibited behaviour order which would have prevented Peter John Skevington from carrying items likely to be used for graffiti, using public transport between 7pm and 7am without written justification and restricting his presence at public transport properties.
The order was opposed by Skevington, who argued he relied on public transport to seek employment and attend medical appointments and was a changed person since spending six months in custody on his most recent charges
"It is too much, too onerous a burden this court would put on this person," his lawyer, Ivan Carija, submitted yesterday.
Skevington was sentenced to a 12-month community based order and 100 hours community service work in August after pleading guilty to 17 charges of trespass and criminal damage.
At the time, police said he was part of a "sophisticated, well organised" group that targeted trains in holding yards in the early hours of the morning and he had caused an estimated $7,000 damage to train carriages.
He has completed about 80 hours of the community service work and spent six months in custody before being sentenced.
Yesterday, Magistrate Elizabeth Woods said she was not satisfied on the balance of probabilities that Skevington was likely to commit further offences unless he was subject to a prohibited behaviour order.
Ms Woods said Skevington had shown remorse, pleaded guilty to his last charges and was a young person. In her view it was not appropriate to impose a prohibited behaviour order at this time.
Six repeat offenders have their photographs and the details of their prohibited behaviour orders on a public website under laws which came into effect in February last year to tackle anti-social behaviour.