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Gavin Higgs avoids further jail time after threatening to kill WA Premier Mark McGowan

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a man standing in front of a mirror posing for the camera: Gavin Higgs was drunk when he threatened to kill WA Premier Mark McGowan at his home in April. (Supplied: Facebook) © Provided by ABC NEWS Gavin Higgs was drunk when he threatened to kill WA Premier Mark McGowan at his home in April. (Supplied: Facebook)

A man who drunkenly threatened to kill the West Australian Premier Mark McGowan while his wife and children hid inside their family home has avoided spending any more time behind bars. 

Gavin Michael Higgs, 33, pleaded guilty in the Rockingham Magistrates Court to a charge of disorderly conduct over the incident outside Mr McGowan's Rockingham home on April 21

Higgs, who appeared in court via video link from Hakea prison, was originally charged with the more serious offence of making threats to kill, but today that charge was discontinued after the police prosecutor said the case had been considered by an internal police panel. 

The court was told Higgs was affected by alcohol when he stopped outside the fence of the McGowan home about 8:30pm and yelled "f..k you Mark McGowan".

"I'm going to kill you, Mark. You've done nothing for me," he added.

Higgs then walked away while still yelling obscenities. 

He was arrested a short time later and, in an interview with police, apologised for what he had done.

'Intended as a joke': lawyer

The duty lawyer who represented Higgs today said he had made no attempt to enter the McGowan property and walked off down the road of his volition. 

She said he was extremely remorseful and appreciated the effect of his actions on his victims, describing the offence as "a drunken mistake". 

"It was intended as a joke," she said. 

The lawyer said alcohol was "a big issue" for Higgs, who had spent five-and-a-half weeks in custody. 

The court was told while Higgs had been released on bail, he had been taken back into custody a couple of days ago because he had breached his curfew to visit his terminally ill father, who had since died. 

Magistrate Joanne Andretich said Higgs' actions would have caused considerable fear for the victims, but she noted that he had not committed any offences since 2016. 

She also took into account the length of time Higgs had spent in custody in deciding that a 12-month, community-based order was appropriate. 

It will include conditions that Higgs undergo any treatment or counselling ordered by his supervising officer, including any appropriate treatment for the abuse of alcohol. 

After one of Higgs' first court appearances, Mr McGowan released a statement saying his wife and three children were home at the time. 

"[But] everyone is okay and that's the main thing," the statement said. 

"I want to thank WA Police for their swift response." 

The magistrate issued violence restraining orders banning Higgs from having any contact with — or going within 50 metres of — Mr McGowan and his wife.

Higgs is also banned from owning any firearms. 

The restraining orders run for five years from today.

Higgs has also been ordered to do 40 hours of community service work.

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