R v Iwanczenko

The case of R v Iwanczenko involves an application for the release of Peter James Iwanczenko on licence after an indefinite detention order was made under s 57 of the Sentencing Act. The applicant has a long history of sexual offences and has been detained under an indefinite detention order since 2018. The primary legal issue before the court was whether the applicant satisfied the conditions precedent for the exercise of the court’s power to release him on licence under s 59(1) of the Sentencing Act. Specifically, the court had to determine whether the applicant was both capable of controlling and willing to control his sexual instincts, or whether he no longer presented an appreciable risk to the safety of the community due to his advanced age or permanent infirmity.

The court considered the applicant’s history of sexual offending, his engagement with rehabilitation programs, and expert evidence provided by psychologists. The court noted that while the applicant had made some progress in recognising the need to address his offending behaviour, he had not demonstrated the required level of control over his sexual instincts. The court also found that the applicant did not satisfy the alternative condition of no longer presenting an appreciable risk to the community due to advanced age or permanent infirmity. The court concluded that neither of the conditions precedent under s 59(1a) was satisfied, and therefore the applicant was not eligible for release on licence.

The court dismissed the application for release on licence, noting that while the applicant had made some progress, he had not sufficiently demonstrated the required level of control over his sexual instincts or that he no longer presented an appreciable risk to the community. The court emphasised that the applicant’s history of sexual offending and lack of progress in managing his sexual instincts were significant factors in reaching this decision. The court also highlighted that the statutory conditions precedent under s 59(1a) must be strictly adhered to in determining whether an applicant is eligible for release on licence.