R v Hoare

The case of R v Hoare involves an application by the Attorney-General for an order under s 23 of the Criminal Law (Sentencing) Act 1988 (SA) that the respondent, Mr Hoare, be detained in custody until further order. Alternatively, the Attorney-General sought an order under s 7 of the Criminal Law (High Risk Offenders) Act 2015 (SA) that Mr Hoare be subject to an extended supervision order. Mr Hoare conceded that the jurisdictional facts for the extended supervision order were satisfied and that it was appropriate to order such supervision. The legal issues before the court were whether Mr Hoare was a high-risk offender who posed a significant risk to the safety of the community if released without supervision and whether an order for his indeterminate detention was necessary to protect the community.

The court considered the reports and evidence of two legally qualified medical practitioners, Drs Brereton and Furst, who concluded that Mr Hoare presented a high likelihood of committing a further serious sexual offence. The court accepted the doctors' opinions, finding that Mr Hoare had a sexual attraction to underage girls, poor internal controls, and a tendency to justify sexual contact with them. The court also noted that Mr Hoare's ability to manage his life and relationships, including drug and alcohol use, increased his risk of reoffending. The court concluded that Mr Hoare was unwilling to control his sexual instincts and that an order for his indeterminate detention was necessary to ensure the adequate protection of the community, particularly female children.

The court granted the Attorney-General's application for the indeterminate detention of Mr Hoare pursuant to s 23 of the Sentencing Act, dismissing the application for an extended supervision order under s 7 of the High Risk Offenders Act. The court found that Mr Hoare's distorted thinking had not significantly altered despite treatment, and that his gains were not genuine or sufficiently entrenched. The court was concerned that Mr Hoare had not made significant progress in managing his internal controls and that his engagement in treatment had waned.

The court's final orders were that Mr Hoare be detained in custody until further order under s 23 of the Sentencing Act and that the application for an extended supervision order under s 7 of the High Risk Offenders Act be dismissed. The court emphasized the high risk Mr Hoare posed to the community, particularly female children, and the need for his indeterminate detention to ensure adequate protection.