Director of Public Prosecutions (WA) v Warmdean

The respondent, Warmdean, is a dangerous sexual offender who has been subject to a Division 2 hearing under the Sentencing Act 1995. The Director of Public Prosecutions sought a declaration that Warmdean poses an unacceptable risk to the community, and that no reasonable supervision conditions could be imposed that would reduce his risk adequately to protect the community. The hearing was held in the Supreme Court of Western Australia. The primary legal issue before the court was whether Warmdean posed an unacceptable risk to the community, and if so, whether there were any reasonable supervision conditions that could be imposed to reduce his risk to an acceptable level. The court considered evidence from psychologists, psychiatrists, and other experts, as well as submissions from the parties. The court found that Warmdean did pose an unacceptable risk to the community, and that no reasonable supervision conditions could be imposed that would reduce his risk adequately to protect the community. The court noted that Warmdean had a long history of sexual offending, including against children, and that his risk of reoffending was high. The court also noted that there was no available accommodation that would provide an appropriate environment for Warmdean, and that he had not responded well to previous attempts at rehabilitation. The court concluded that, given the severity and frequency of Warmdean's offending, and the lack of available accommodation, it was not reasonably practicable to impose any supervision conditions that would reduce his risk to an acceptable level. The court made a declaration that Warmdean posed an unacceptable risk to the community, and that no reasonable supervision conditions could be imposed that would reduce his risk adequately to protect the community. The court also ordered that Warmdean be detained indefinitely under the Sentencing Act.