The State of Western Australia v AB [No 3]

The Supreme Court of Western Australia dismissed an application for a restriction order in relation to a 27-year-old male with a history of violent offending. The application was brought by the State of Western Australia under the High Risk Serious Offenders Act 2020 (WA). The State contended that the respondent was a high risk serious offender and that it was necessary to make a restriction order to ensure adequate protection of the community against an unacceptable risk that the respondent would commit a serious offence. The respondent opposed the application. The court found that it was not satisfied, by acceptable and cogent evidence and to a high degree of probability, that it was necessary to make a restriction order in relation to the respondent. The court considered the respondent's antecedents and criminal history, propensity to commit serious offences in the future, efforts to address offending behaviour, and expert reports and assessments. The court found that the evidence did not support a finding to a high degree of probability that the respondent was a high risk serious offender as defined in the Act.