K, MP v Commissioner of Police

In the case of K, MP v Commissioner of Police, the applicant sought to have his obligations under the Criminal Sentencing (Serious and Violent Offenders) Act 2005 (SA) suspended. The primary concern was whether the applicant posed a risk to the safety and well-being of any child or children. The applicant, K, had previously been convicted of sexual offences involving his step-daughter over 24 years ago. The legal issues before the court were whether the statutory requirements under the Criminal Sentencing (Serious and Violent Offenders) Act 2005 (SA) were satisfied and whether K posed a risk to the safety and well-being of any child or children, either currently or in the future.

The court considered the expert opinions provided by Messrs Balfour and Broomhall, which concluded that K did not exhibit traits consistent with a paedophilic disorder or any other paraphilic disorder. The STABLE-2007 scoring criteria also indicated that K's risk of similar future offending behaviour was in the low range. The court found that K was currently engaged in a stable and loving relationship, with no further indications of inappropriate sexualised behaviours towards children. The court accepted the reports and opinions as they stood, noting that there was no reason to reject them. The court further found that K’s prior offending was influenced by stress, and despite being in high-stress situations since, he had not re-offended. The court also noted the presence of protective factors in K’s life, including a fulfilling marriage, a satisfying sex life, and a supportive family and employer.

The court concluded that K did not pose a risk to the safety and well-being of any child or children. The court was satisfied that K posed no such future risk and found it appropriate to exercise the discretion to suspend K’s reporting obligations as a registrable offender. The court ordered the suspension of K’s reporting obligations under the Criminal Sentencing (Serious and Violent Offenders) Act 2005 (SA).