Director of Public Prosecutions (WA) v Unwin [No 3]

The case involved the Director of Public Prosecutions for Western Australia, who sought to rescind a continuing detention order under the Sex Offenders Registration Act 2003 (WA) in relation to an individual, Unwin. The central issue was whether Unwin remained a continuing serious danger to the community, necessitating continued detention or a supervision order. The court was also confronted with the problem of the unavailability of suitable accommodation, which was a prerequisite for Unwin's potential release under a supervision order.

The primary legal questions for the court were whether Unwin continued to pose a serious danger to the community, and if so, whether a supervision order was feasible given the lack of suitable accommodation. The court had to weigh the risk Unwin posed against the principle of proportionality, which demands that the restriction on an individual's liberty be commensurate with the risk they pose to the public. The court also had to consider the availability of suitable accommodation as a condition for Unwin's potential release under a supervision order.

In its reasoning, the court found that Unwin indeed remained a continuing serious danger to the community. The court found that Unwin's risk profile, including his history of violent sexual offences, indicated a high likelihood of reoffending. Given the seriousness of the offences and the potential harm to potential victims, the court determined that continued detention was appropriate. Additionally, the court held that the lack of suitable accommodation was a valid impediment to imposing a supervision order, as Unwin's release under such an order would pose an unacceptable risk to the community. Consequently, the court expressly declined to rescind the continuing detention order, finding it to be the most appropriate measure to protect the community.