Director of Public Prosecutions (WA) v AA [No 7]

The case before the Supreme Court of Western Australia was an application by the Director of Public Prosecutions seeking to have a dangerous sexual offender, AA, detained in custody. The primary issue before the court was whether AA, who had been in custody for over 7 years, should continue to be detained or if he could be released under a supervision order. The court considered the risk of reoffending, the lack of suitable accommodation for AA in the community, and the impact of continued detention on his mental health. The court noted that despite multiple reviews, no proper accommodation had been found for AA due to a lack of cooperation between the Department of Corrective Services and the Mental Health Commission.

The court held that the paramount consideration was the adequate protection of the community. While the risk of AA reoffending was high, the court found that if AA was placed in a supported and supervised accommodation such as a licensed psychiatric hostel, his risk could be managed. However, due to the failure of the Executive to provide suitable accommodation, the court expressly declined to rescind the order for AA's continued detention in custody. The court highlighted the need for a solution to ensure that the objectives of the Dangerous Sexual Offenders Act were fully realised and that individuals like AA did not remain in prison indefinitely by default.

The final orders of the court were to expressly decline to rescind the order for AA's continued detention in custody, highlighting the ongoing need for the Executive to address the issue of suitable accommodation for dangerous sexual offenders to prevent indefinite detention.