The State of Western Australia vs. Latimer

Australia

28.08.2023

Criminal

Court cannot release an offender on a supervision order unless satisfied, on the balance of probabilities, that the offender will substantially comply with the standard conditions of the order

Present is a contravention hearing under the High Risk Serious Offenders Act, 2020 (HRSO Act) in respect of the Respondent, Edward Latimer. As at the date of the application, the Respondent was subject to a 10 year supervision order, which commenced on 31 July 2019. The State alleges the respondent has contravened the supervision order on four occasions, and has applied for an order rescinding the supervision order and making a continuing detention order.

The powers conferred by the HRSO Act are not to be exercised for the purpose of imposing additional punishment on the offender, but rather for the ultimate purpose of protecting the community.

In deciding which order to make, the paramount consideration is to be the need to ensure adequate protection of the community.A continuing detention order is an order that the offender be detained in custody for an indefinite term for control, care or treatment.A supervision order is an order that the offender, when not in custody, is to be subject to stated conditions that the court considers to be appropriate in accordance with Section 30 of the HRSO Act. The court cannot release an offender on a supervision order unless satisfied, on the balance of probabilities, that the offender will substantially comply with the standard conditions of the order, the onus of establishing which is on the offender.

Condition, in combination with the other conditions of the Supervision Order, will ensure adequate protection of the community against the unacceptable risk that the respondent would, if not subject to restriction, commit a serious offence. Present Court is satisfied, on the balance of probabilities, that the Respondent will substantially comply with the standard conditions of the Supervision Order. The outstanding term of the Supervision Order is presently sufficient and that it is not necessary to extend the term.

Tags : Supervision order Release Conditions

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