Director of Public Prosecutions (WA) v Dinah [No 2]

[2010] WASC 112

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   DIRECTOR OF PUBLIC PROSECUTIONS (WA) -v- DINAH [No 2] [2010] WASC 112

CORAM:   McKECHNIE J

HEARD:   30 APRIL 2010

DELIVERED          :   30 APRIL 2010

FILE NO/S:   MCS 2 of 2009

BETWEEN:   DIRECTOR OF PUBLIC PROSECUTIONS (WA)

Applicant

AND

MACKER JOSEPH DINAH
Respondent

Catchwords:

Criminal law and procedure - Dangerous sexual offender - Review - No new principles

Legislation:

Dangerous Sexual Offenders Act 2006 (WA)

Result:

Detention order not rescinded

Category:    B

Representation:

Counsel:

Applicant:     Mr D Dempster

Respondent:     Mr D L McKenzie

Solicitors:

Applicant:     Director of Public Prosecutions (WA)

Respondent:     David McKenzie

Case(s) referred to in judgment(s):

Nil

1. McKECHNIE J:  This is the first annual review of detention under the Dangerous Sexual Offenders Act 2006 (WA). This matter has already come before the court and the position is, as was explained last time, that Mr Dinah has now been accepted into an Intensive Sex Offender Treatment Programme (ISOTP) and has just commenced that programme. On completion of that programme it may be that his position will be such that he would be capable of being released on supervision into the community.

2. That is a matter for the future, but at present on the materials that I have read and which are formally tendered, the respondent has not reached the position where I consider it would be an acceptable risk to place him on supervision. 

3. I will formally continue the detention order for another year but on the understanding also that he may make application before that time for review.