Hore v The Queen

The case of Hore v The Queen involved an application for release on licence by the applicant, who was convicted of child sexual offences. The Supreme Court of South Australia was required to decide whether the applicant was willing to control his sexual instincts and whether his release would pose a risk to the safety of the community. The court also had to consider whether the applicant had demonstrated remorse and insight into his offending behaviour.

The court found that the applicant had not demonstrated that he was willing to control his sexual instincts within the meaning of the statute. The court noted that the risk of reoffending was not addressed merely by the applicant's acknowledgement of prior wrongdoing or insight into his behaviour. The court also found that the applicant's release would pose a risk to the safety of the community. The court relied on the Parole Board's report and the fact that very few applications for release on licence had been successful since the amendments to the legislation.

The court concluded that the applicant was "trapped in a paradox" and that the scheme of the Act required the offender to demonstrate, from the artificial constraints of prison, that there was no sufficient risk that he would fail to exercise appropriate control. The court observed that this was an unfortunate result in a society as advanced as, and with the resources of, the State.

The application for release on licence was dismissed, and the applicant was not eligible to make a further application for a period of six months. The court declined to nominate a different period. The court also declined to order an updated report from the Parole Board and a report as to the costs of release because of the conclusion that had been reached.