R v Humphrys

In the case of R v Humphrys, the applicant, who has a history of sexual offending across five states in Australia, applied for release on licence under section 24(1) of the Criminal Law (Sentencing) Act 1988 (SA). The applicant was detained indefinitely by a Judge of the Supreme Court of South Australia under section 23 of the Sentencing Act due to his unwillingness to control his sexual instincts. The applicant had previously been convicted of multiple sexual offences, including unlawful sexual intercourse with a 14-year-old boy, and had served a sentence of 10 years imprisonment. The court was tasked with deciding whether the applicant should be released on licence and what conditions, if any, should be attached to his release.

The court considered several legal issues, including whether the risk of absconding could be adequately managed, the applicant's history of sexual offending, and the potential impact of his release on the community. The court also evaluated the reports from two psychiatrists, Dr Jennings and Dr Brereton, who expressed cautious optimism about the applicant's prognosis but noted the need for structured support. The court examined the comprehensive case plan developed by the Department of Correctional Services and associated agencies to support the applicant's conditional release, including ongoing medication, counselling, and support from organisations such as OARS and Second Chances SA. The court paid particular attention to the projected costs of the applicant's release, noting that they were not prohibitive compared to the costs of continued incarceration.

After considering all the evidence and arguments, the court concluded that it was appropriate to exercise its discretion in favour of the applicant's release, subject to the conditions proposed by the Parole Board. The court found that the proposed regime significantly reduced the identified risks and adequately protected the community. The applicant's release was approved, with strict conditions to be enforced to ensure public safety.

The court ordered the applicant's release on licence, subject to the conditions proposed by the Parole Board. These conditions included ongoing supervision, mandatory participation in a rehabilitation program, restrictions on contact with minors, and the requirement to reside at a specified address. The court also directed that the applicant continue to take anti-libidinal medication and engage in regular counselling. The applicant was to be subject to regular review to ensure compliance with the conditions and to monitor any changes in his risk profile.