Katanning man who threatened to ignite himself & police with aerosol can and lighter dealt court order

A Katanning man who threatened to light himself and police on fire with an aerosol can and lighter before attempting to grab a knife from his pocket while being arrested, has been sentenced. Richard Kelvin Nelly appeared in Katanning Magistrates Court on March 24, charged with making a threat to unlawfully do an act and obstructing police officers. The 45-year-old pleaded guilty to the two charges on December 9, 2025. On March 21 last year, police were called to a residence on Coate Street in Katanning regarding a family violence report involving Nelly. When they arrived at 12.29am, police found Nelly in the lounge room holding a green aerosol can and a lighter. He threatened to ignite himself and the attending officers. Police asked Nelly to step away from the can and lighter, which he eventually did. While arresting Nelly, he flailed his hands in the air, became aggressive and kept reaching for something near his waistband, which police later discovered was a knife in his jumper pocket. His lawyer Lucy Bourne said Nelly, who suffers from schizophrenia and had “lost it” after also drinking alcohol that night, is sorry for his actions and would not have actually lit a fire. Ms Bourne asked for a fine given that Nelly had been in custody for five months up until February 25, in relation to family violence offending. The community corrections officer told the court that Nelly was put on a community-based order in April last year for other matters and they often had to “track him down” to attend appointments. However, the officer said Nelly had recently shown interest to re-engage and improvement during appointments, and it is now legally required to receive depot injections to medicate his schizophrenia. Police prosecutor Sgt Dylan Fisher said the main concern at the time of the offence was the safety of the officers, the occupants in the home and Nelly himself. He said the prosecution was concerned that Nelly’s safety was still in jeopardy. Magistrate Rosemarie Myers said the offending was too serious for a fine but he would not benefit from jail because of outstanding treatment needs. She said Nelly should continue receiving support and would like to give him an opportunity to complete an order now he is no longer in custody. Nelly was sentenced to an eight-month community-based order where he must attend any appointments given by community corrections.