Director of Public Prosecutions (WA) v Latimer [No 6]
[2013] WASC 231
•13 JUNE 2013
DIRECTOR OF PUBLIC PROSECUTIONS (WA) -v- LATIMER [No 6] [2013] WASC 231
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 231 | |
| 13/06/2013 | |||
| Case No: | MCS:26/2006 | 10 JUNE 2013 | |
| Coram: | HALL J | 10/06/13 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Expressly decline to rescind continuing detention order | ||
| B | |||
| PDF Version |
| Parties: | DIRECTOR OF PUBLIC PROSECUTIONS (WA) EDWARD WILLIAM LATIMER |
Catchwords: | Dangerous sexual offenders Annual review Whether continuing serious danger to the community Whether continuing detention or supervision order appropriate |
Legislation: | Nil |
Case References: | Director of Public Prosecutions (WA) v Alvisse [No 6] [2013] WASC 154 Director of Public Prosecutions (WA) v Latimer [No 5] [2012] WASC 188 Director of Public Prosecutions (WA) v Unwin [No 3] [2013] WASC 178 The State of Western Australia v Latimer [2006] WASC 235 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Applicant
AND
EDWARD WILLIAM LATIMER
Respondent
Catchwords:
Dangerous sexual offenders - Annual review - Whether continuing serious danger to the community - Whether continuing detention or supervision order appropriate
Legislation:
Nil
Result:
Expressly decline to rescind continuing detention order
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Category: B
Representation:
Counsel:
Applicant : Mr D J Thiering
Respondent : Mr D J McKenzie
Solicitors:
Applicant : Director of Public Prosecutions (WA)
Respondent : D J McKenzie
Case(s) referred to in judgment(s):
Director of Public Prosecutions (WA) v Alvisse [No 6] [2013] WASC 154
Director of Public Prosecutions (WA) v Latimer [No 5] [2012] WASC 188
Director of Public Prosecutions (WA) v Unwin [No 3] [2013] WASC 178
The State of Western Australia v Latimer [2006] WASC 235
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- HALL J:
Introduction
1 This is the sixth annual review of a continuing detention order originally made by Murray J on 30 October 2006 pursuant to s 17 of the Dangerous Sexual Offenders Act 2006 (WA): The State of Western Australia v Latimer [2006] WASC 235.
2 The last annual review occurred on 24 May 2012: Director of Public Prosecutions (WA) v Latimer [No 5] [2012] WASC 188. On that occasion I stated that whilst there had been some signs of progress in terms of engagement with counselling and an improved attitude to participation in a treatment programme, it was clear that Mr Latimer remained a serious danger to the community. That danger was assessed as one that was not yet capable of being sufficiently managed or minimised such as to make it appropriate that he be released on a supervision order.
3 In the last 12 months Mr Latimer has continued to make treatment gains. However, these gains have been gradual and slow. One of the reasons for this is that Mr Latimer has significant deficits in regard to his capacity to process, interpret, integrate and manipulate information. These deficits were identified following a neuropsychological assessment prior to the last annual review.
4 On the hearing of this review, I received a number of written reports and heard oral evidence from Dr Peter Wynn Owen, a consultant forensic psychiatrist, Mr Ryan Bell, a clinical psychologist, and Ms Julie Dabala, a senior community corrections officer with the Public Protection Unit of the Department of Corrective Services.
Sex Offenders Programme
5 One of the impediments to Mr Latimer making treatment gains has been his consistent denial of past offending. This denial has made him unsuitable for most treatment programmes. However, between 30 July 2012 and 21 November 2012, he participated in a sex offender's deniers' programme. This is a 110 hour treatment programme designed for individuals who categorically deny committing sexual offences. The programme uses a group format to address evidenced-based criminogenic needs known to be relevant to sexual offending. The programme focuses on dynamic factors that are related to the risk of sexual offending. Overall, he was assessed as having met some programme objectives and displaying a limited understanding of the factors underlying his offending.
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- The completion report noted that there were some issues, including childhood abuse issues, that might be better addressed in an individual counselling environment.
6 Some positive changes in attitude were noted during the course of the programme. In particular, Mr Latimer showed a reduction in hostility towards prison officers which indicated that he was addressing his attitudes and beliefs.
7 The completion report stated that Mr Latimer's future risks are related to loneliness, poor emotional management, impulsivity, boundary issues, lack of support, substance use, meeting his sexual needs in an appropriate manner, associating with anti-social peers, attitudes and beliefs and residing in the metropolitan area. It was stated that supporting and encouraging Mr Latimer to address these issues and maintain focus and commitment to pursuing a pro-social lifestyle would assist him in remaining offence-free.
8 Mr Latimer undertook the deniers' programme at Bunbury Regional Prison. After completing the programme, he was transferred to Acacia Prison. Initially he was in the general prison population, but since mid-April 2013 he has been in the self-care unit. The reports indicated that he had adapted successfully to this environment and there had been no incidents of aggression or hostility towards either other prisoners or prison guards.
Mr Ryan Bell
9 Mr Bell reported that in the last 12 months Mr Latimer has been participating in regular counselling with a psychologist. At the time of his last review, he had attended five counselling sessions. In the 12 months that have elapsed since that time he has made significant progress. Mr Ryan reported that Mr Latimer has generally responded well to individual treatment, and has developed a simple but effective release preparation plan. He has taken positive steps to enact this plan, including pursuing vocational training within the prison and developing independent living skills by moving to self-care. These were seen as being encouraging steps particularly in light of Mr Latimer's historical resistance to participate in supportive intervention.
10 Mr Ryan noted that in the past Mr Latimer had incurred prison charges for verbal or physical aggression. This behaviour had formerly represented an area of high concern and had resulted in his transfer from Karnet Prison Farm and a discontinuation of therapy. However, it was
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- noteworthy that in the last 12 months there had been no further prison charges and he appears to have acquired some ability to manage his own behaviour. Mr Latimer has reported that his improvement in this area is due to the use of various cognitive and behavioural strategies that he has been taught to calm himself down.
11 Mr Bell stated that if detention continued it was intended that counselling sessions would increase from fortnightly to weekly. Mr Latimer was said to be very positive about this and had developed a good relationship with his psychologist. There were considered to be a number of issues to be addressed in future counselling. These included substance abuse, anger management and further development of a release plan. No other group programmes had been identified as having the potential to benefit Mr Latimer. However, it was hoped that individual counselling could achieve appropriate treatment objectives.
12 As Mr Latimer acquires increased self-awareness and self-management skills, it was thought desirable that these be tested in a lower security environment. For these reasons, it was hoped that if Mr Latimer remained in custody, he would be transferred again to Karnet Prison Farm. Mr Latimer was said to be enthusiastic and motivated in this regard.
13 Mr Bell said that Mr Latimer had coped well with self-care at Acacia Prison. There had been no significant difficulties with his behaviour and this was considered to be a large treatment gain. Mr Bell said that Mr Latimer was now using empathy and insight into others' thinking to regulate his own behaviour.
14 Mr Ryan noted that Mr Latimer was aware of his own outstanding treatment needs and that he had said that he did not consider himself ready for release at this time. Mr Latimer has said that whilst he feels he is no longer at risk of committing sexual offences, he needs further time in a supported environment to build upon his treatment gains. When asked how he would likely spend further time in detention, he said that he would be interested in continuing to attend regular psychotherapy and to undertake vocational training to ensure that he can secure employment upon release and to develop further independent living skills.
Dr Peter Wynn Owen
15 Dr Wynn Owen reported that Mr Latimer remained a high risk of re-offending based upon an assessment of static unchangeable historical factors. Testing for psychopathic traits also indicated that Mr Latimer is
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- at high risk of sexual re-offending. In addition, Dr Wynn Owen said that Mr Latimer's neurocognitive defects contribute to his re-offending risk through difficulty in managing stressful situations, unawareness of risk, poor planning and impulsivity.
16 Dr Wynn Owen noted that Mr Latimer had made some progress in the last 12 months. His ability to manage anger had improved and he was less hostile and generally more appropriately behaved. It was also a positive sign that Mr Latimer was prepared to accept treatment interventions and has become more aware of the need for these interventions. Mr Latimer has been proactive in seeking education and supports to assist his employment opportunities following his release. This was said to indicate a more realistic attitude towards release planning. He also has a more realistic attitude towards entering into future intimate relationships following his release. Further, he has a better understanding of the need to plan the use of his time to avoid boredom and frustration. However, Mr Latimer remained quite dismissive of the possibility that alcohol was a risk factor that he needed to deal with. This was an issue that needed to be dealt with either in a programme or as part of individual counselling.
17 Dr Wynn Owen said that even in the event that Mr Latimer's progress continues, he was likely to need a social mentor, being a person who would be available on a daily basis, to assist him in negotiating life in the community. Preferably this would be a person who could build up a relationship of trust with Mr Latimer prior to his release.
18 Dr Wynn Owen's conclusion was that Mr Latimer's risk of sexual re-offending remains high. With further progress and following the demonstration of the ability to manage successfully in a lower security self-care environment, community supervision may be viable with appropriate risk mitigation strategies to address dynamic risks. Dr Wynn Owen recommended reassessment of Mr Latimer's risk and release readiness prior to release. As to future treatment, Dr Wynn Owen recommended ongoing individual counselling, transfer to a lower security prison environment, supervised community day release (if possible) and a further comprehensive sex re-offending risk review prior to release.
Ms Julie Dabala
19 Ms Dabala reported that Mr Latimer had adapted quite well to being moved to the self-care unit at Acacia Prison in April 2013. There is a plan to move him to Karnet Prison Farm, but this is dependent upon approval by prison authorities. Subject to the outcome of this annual review, an
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- application for transfer had been prepared. Ms Dabala said that where approved, a transfer usually occurs within four to six weeks. This is dependent upon the availability of places at Karnet.
20 As regards resources available to assist Mr Latimer in acquiring life skills and transitioning into the community, Mr Latimer had recently been the subject of an assessment by the Disability Services Commission. The outcome of that assessment was pending at the time of review. Ms Dabala said that in the event that the assessment was positive, it was expected that funds would be available from the Disability Services Commission to employ a social mentor of the type described by Dr Wynn Owen. Failing that, the Department of Corrective Services may be able to fund such a position. However, finding suitable people to occupy such positions was difficult.
21 Ms Dabala also reported on the availability of accommodation. Mr Latimer has received visits from members of Outreach, a non-governmental organisation providing practical support for offenders returning to the community. Whilst it was expected that this support would continue, Outreach was not in a position to offer accommodation. Other accommodation services had also been explored without success. This is a recurring problem with offenders who have been the subject of a declaration under the DSO Act: see Director of Public Prosecutions (WA) v Alvisse [No 6] [2013] WASC 154 and Director of Public Prosecutions (WA) v Unwin [No 3] [2013] WASC 178. Ms Dabala reported that due to these difficulties, the Department of Corrective Services is in negotiation with another community group, Outcare, to fund suitable accommodation in the community. If these negotiations are successful, accommodation may be available by September of this year.
22 Ms Dabala concluded that when Mr Latimer is suitable to be released he will need to be in a highly structured environment with supports in the community. She said that at this time Mr Latimer has no accommodation options and has yet to progress sufficiently through the staged management plan. It is anticipated that further gains could be made in a prison environment that would have some prospect of getting Mr Latimer to the stage where release under supervision would be viable.
Conclusion
23 At the hearing of this review it was accepted on behalf of Mr Latimer that he remained a serious danger to the community and that there had not yet been sufficient progress to enable the court to rescind the continuing detention order.
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24 There has, however, been some progress in the last 12 months particularly in regard to Mr Latimer's self-awareness and self-management skills. The acquisition of these skills has been a relatively recent development. These skills need to be further developed in a lower security environment such as Karnet Prison Farm.
25 Progress has also been made in individual psychological counselling. Mr Latimer's positive response to this counselling has encouraged an increase in sessions from fortnightly to weekly. There are a number of issues remaining which need to be addressed and that could be usefully dealt with in individual counselling. One of these is an awareness of the risks associated with drug and alcohol use.
26 Notwithstanding the progress that has been made, Mr Latimer is not yet at a stage where his risk of re-offending can be sufficiently managed or minimised such as to make it appropriate that he be released into the community on conditions. In coming to that conclusion I have also taken into account the availability of electronic monitoring.
27 Accordingly, for these reasons, on the hearing of this review I expressly declined to rescind the order for continuing detention pursuant to s 33(2) of the Dangerous Sexual Offenders Act.
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