The State of Western Australia v AA

The case involved an application by the State of Western Australia under the Dangerous Sexual Offenders Act 2006 (WA) for a continuing detention order against AA, a respondent who had served his sentence for serious sexual offences. The court was required to determine whether AA was a serious danger to the community and whether a continuing detention order or a supervision order would provide adequate protection for the community. The court considered psychiatric reports and the history of AA's sexual offending, concluding that AA was indeed a serious danger to the community and that a supervision order with specific conditions was appropriate to ensure adequate protection of the community. The supervision order was made for a period of 7 years. In a subsequent application, the State sought to discharge the supervision order and make a continuing detention order, arguing that AA was likely to contravene the supervision order and that there was an unacceptable risk he would commit a serious sexual offence if not detained. The court found that suitable accommodation and a structured living environment for AA could not be provided, and therefore, it discharged the supervision order and made a continuing detention order, with a review of the detention scheduled for the end of the year from the date of the order.