State of Western Australia v Roffey [No 2]

The matter before the court was an application by the State of Western Australia under the High Risk Serious Offenders Act 2020 (WA) for a restriction order against the respondent, a person who had previously been convicted of serious offences. The central issue was whether the risk posed by the respondent committing a serious offence was unacceptable, and if so, whether a restriction order was necessary to ensure adequate protection against such a risk. The court also needed to consider whether the risk could be adequately managed through a supervision order rather than a restriction order, and if so, determine the appropriate duration of such a supervision order.

In assessing these issues, the court examined the evidence regarding the respondent's criminal history, the nature of the offences committed, and the likelihood of reoffending. The respondent argued that the risk of reoffending could be managed through a supervision order, while the State contended that a restriction order was necessary to ensure public safety. The court considered the statutory criteria and the principles of proportionality and necessity in making its decision.

The court concluded that the risk of reoffending was sufficiently high to warrant a restriction order, given the serious nature of the previous offences and the potential danger to the community. However, the court found that the imposition of a supervision order, with strict conditions and close monitoring, could adequately manage the risk. The court determined that a supervision order for a period of five years would provide the necessary balance between public safety and the respondent's rights.

Accordingly, the court ordered that a supervision order be imposed on the respondent for a period of five years, with specified conditions to ensure compliance and monitoring. The court did not make a restriction order, but emphasised that the respondent's conduct would be closely monitored, and any breach of the supervision order would result in immediate action, including the possibility of a restriction order being imposed.