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Ben Cousins sentenced to one year in jail over stalking, drug possession

Fallen AFL star Ben Cousins will spend 12 months behind bars after being sentenced at Perth Magistrates Court on Tuesday.

The court heard the AFL Player's Association had offered to partly fund Cousins' rehabilitation if he avoided a jail term on Tuesday, with his former club the West Coast Eagles also offering him a job if he could get clean.

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Ben Cousins sentenced to one year in jail

Ben Cousins is sentenced to one year in jail over stalking and drug possession. Audio: 6PR.

But Magistrate Richard Huston denied the former Brownlow Medallist the chance to attend a voluntary rehabilitation program that had been arranged for him, instead sentencing him to 12 months jail and fining him $2400.

Cousins dropped his head into his hands when he heard the sentence and looked up at his father Bryan, who was in court to support his son.

It comes after a long and public battle with drug addiction, with the court hearing Cousins had a serious two-gram-a-day methamphetamine habit.

"Previous efforts to bring about change in Mr Cousins' behaviour hasn't worked... any leniency it might be suggested has been exhausted," Mr Huston said.

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The sentencing related to an aggravated stalking charge, seven breaches of a violence restraining order, two drug related charges and no authority to drive.

The aggravated stalking related to Cousins "bombarding" his former partner Maylea Tinecheff with thousands phone calls and texts since October, contacting her on one occasion 103 times in one day.

Mr Huston described the stalking - which related to the multiple times Cousins breached the violence restraining order taken out by Ms Tinecheff in May 2016 - as "persistent, sustained and intended".

Most of the VRO breach charges heard in court today related to Cousins' attending his children's school and Sunday school.

"There needs to be a general deterrent for this sort of behaviour," Mr Huston said.

"It's incredibly disappointing for a person in your position, who can provide inspiration for others, to dabble in illicit drugs.

"It is a tale of despair and missed opportunity and a knock-on effect to those who love you and admire you."

The court heard Cousins hadn't had regular employment since shortly after his playing career ended in 2010. His lawyer Michael Tudori said Cousins had "hit rock bottom" in relation to his addiction, and wanted to seek help so he could continue to see his children, aged three and five.

"This man has had a very long, entrenched drug addiction," he said.

"There was periods of his offending where he suffered drug-induced psychosis.

"It's the root of all his problems."

He said Cousins had not been interested in rehabilitation until he was refused bail and sent to prison on February 24.

"He's a very different person," Mr Tudori said.

Mr Huston did not accept Mr Tudori's submission that Cousins' VRO breaches had not been of a violent nature, saying although there were no physical injuries, Ms Tinecheff had endured "nine months of terror" since taking out the VRO.

"[There has been] ongoing anguish and trauma for the protected person," he said.

"The repeated violation would have been a harrowing ordeal for her.

"When will it stop?"

The court heard Cousins contacted or attempted to contact his former partner 437 times in October, 542 times in November, 307 times in December, 345 times in January and 371 times in February before his arrest on the 24th. 

The police prosecution accepted Ms Tinecheff had at times contacted Cousins and allowed him to be around the children.

She told police she only allowed the visits to occur when Cousins was not under the influence of drugs to act as an incentive for him to see what his life could be like if he stayed clean, but admitted it was a mistake to do so as his behaviour hadn't changed. 

Mr Huston in his sentencing remarks said under mandatory restraining order sentencing laws, Cousins was required to receive a prison sentence on Tuesday unless it was "unjust to do so" as it was the third time he had come before the courts in two years in relation to breaching a violence restraining order. 

Outside court Mr Tudori said Cousins was "doing ok" after the sentencing but was disappointed he was not going to rehab.

He indicated Cousins would likely be free in August after serving a non-parole period of six months.

He was sentenced to six months jail for the aggravated stalking, six months jail for the seven VRO breaches, fined $2000 for his drug related offences and $400 for his driving offence. 

Ben Cousins: a descent into drug addiction

1996: A 17-year-old Ben Cousins debuts for the West Coast Eagles, kicking two goals in his first game. He goes on to win the AFL's Rising Star award that same year.

1997 – 2006: Cousins is awarded almost every honour during his playing career at the Eagles including a Brownlow Medal in 2005, an AFL premiership the following year, captaincy of the West Coast Eagles from 2001 to 2005 and six All-Australian jumpers.

May 2005: Cousins and teammate Michael Gardiner are interviewed by police after a shootout at a Perth nightclub allegedly involving bikie gangs and John Kizon. No charges are laid against the pair.

September 2005: Cousins wins the Brownlow Medal.

February 2006: Cousins abandons his car near a Perth booze bus with his then-girlfriend in the passenger's seat. He runs and then swims across the Swan River to avoid police. Two weeks later, he relinquishes his captaincy at West Coast.  

September 2006: Although no longer captain, Cousins stars in the Eagles' thrilling one-point win against Sydney in the 2006 grand final and is still considered by many the "spiritual leader" of the club.

December 2006: Cousins is arrested after being found asleep outside Crown Casino in Melbourne.

March 2007: Cousins misses a training session and is suspended by West Coast for the first 15 rounds of the season. Rumours of his drug addiction begin to swirl in the media.

April 2007: Cousins flies to the United States and spends a month at an expensive drug rehabilitation centre. He returns to the club and apologises for his conduct. In his come-back match, Cousins has 38 touches in a blistering performance against Sydney.

October 2007: One of Cousins' closest friends and former West Coast star, Chris Mainwaring, dies at his Cottesloe home after overdosing on cocaine. Cousins was with him hours before he died.  

October 2007: Six months after leaving rehab, a shirtless Cousins is arrested on the side of the road for alleged drug possession after police search his vehicle. A photo of Cousins with his 'Such is Life' tattoo inked across his torso is splashed across the media. The charges against him are eventually dropped.

November 2007: Cousins is suspended from the AFL for 12 months after being found guilty bringing the game into disrepute and again checks into a U.S based rehabilitation clinic. The league encourages Cousins to address his drug addiction.   

October 2008: One of the conditions of Cousins returning to the AFL is that he passes a hair sample test designed to detect if he has taken illicit drugs in the past three months. Cousins shaves his head and waxes his body before the test, and passes.  

2009: Following his suspension, the league re-registers Cousins and Richmond offers him a football lifeline, recruiting him to the east after he was passed over during the national draft. He plays for the Tigers for two seasons before retiring from football. He played 270 games during his 15-year playing career.

2010: Cousins releases a two-part documentary into his life titled, Such is Life, and his autobiography Ben Cousins: My Life Story – both providing a candid insight into his personal life, drug addiction and recovery.

2011: Cousins has his first child, Bobby, with his then-partner Maylea Tinecheff.  

January 2012: Cousins is again undergoing rehabilitation for his drug addiction issues and is committed to a suburban mental health unit after suffering a drug-induced psychosis.

March 2012: Cousins goes into hiding after being caught by police at an airport trying to smuggle 4.65 grams of methamphetamine, hidden in his anus, into an Esperance-based rehabilitation facility.

April 2012: Cousins is pulled over by police in North Beach and arrested after they discover cannabis and a meth pipe in his car. He pleads guilty and is fined less than $1000 for the March and April incidents.

June 2013: Cousins and his then-partner Ms Tinecheff welcome their second child, a daughter.

March 2015: Cousins leads police on a nine kilometre 'slow speed chase' through the streets of Perth and is charged with three driving-related offences. He later pleads guilty and is fined $2679. 

March 2015: Cousins scales two fences at the headquarters of Australia's elite SAS regiment in Swanbourne and is taken to hospital for a mental health assessment. 

March 2015: Cousins is detained by police after driving erratically and then scaling roofs in Canning Vale to avoid police. He later pleads guilty and is fined $800 for trespassing and property damage. 

Mid-2015: Cousins moves to Collie to take up a fencing job.

May 2016: Cousins' former partner Ms Tinecheff takes out a violence restraining order against him.

June 2016: Cousins is discharged from hospital after being found by police 'directing traffic' on Canning Highway while in a dazed state. He misses the Eagles' 10 year anniversary for its 2006 Premiership which took place the same week.

October 2016: Cousins is arrested in Canning Vale house and charged with breaching a violence restraining order and drug possession.

November 2016: Cousins is involved in a late night car crash with a truck hours after failing to attend an Armadale court hearing in relation to his October charges. He had earlier told the court, through his lawyer, he was unwell. Police charge him with possessing methamphetamine and breaching bail while Cousins is in hospital recovering from minor injuries. 

December 2016: Cousins avoids jail and is fined $600 and then $2000 for breaches of the VRO taken out by his former partner and drug charges. The court hears Cousins is seeking counselling to try and beat his drug habit and has no permanent home.

February 2017: Cousins is arrested again, this time for aggravated stalking, breaching his VRO and drug possession. Most of the charges relate to Cousins trying to see his two young children, his lawyer says. His bail is denied and he goes on to spend more than a month behind bars.

March 2017: Cousins pleads guilty to 11 charges and is due to be sentenced in the Perth Magistrates Court on March 28. His lawyer pushes for Cousins to be able to complete a residential rehabilitation program, with the fallen star "happy and willing" to seek treatment. Police are seeking a prison term. 

June 2017: Cousins is due to stand trial for allegedly possessing methamphetamine while in Fremantle in 2016.  

If you or someone you know requires help and support for alcohol or drug use the Alcohol and Drug Support Line is a confidential, non-judgemental telephone counselling, information and referral service available 24 hours a day, 7 days a week: 1800 198 024.

 

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