The State of Western Australia v ACW [No 3]

The respondent, ACW, was convicted of multiple serious offences between 2009 and 2015. He was sentenced to 4 years and 6 months' imprisonment on 24 October 2016. On 22 November 2019, the State of Western Australia applied for orders under the repealed Dangerous Sexual Offenders Act 2006 (WA) (DSO Act). The State contended that the respondent was a serious danger to the community and sought an order that he be detained in custody for an indefinite term or, if released, be made subject to a supervision order. The State's application was subsequently taken to be made under the High Risk Serious Offenders Act 2020 (WA) (HRSO Act). The court decided that the respondent was a high risk serious offender and should be made subject to a continuing detention order. The State applied for a review of the continuing detention order. The questions on the review application were whether the respondent was a high risk serious offender, whether he had proved that he would substantially comply with the standard conditions, and whether the continuing detention order should be affirmed or a supervision order made. Both counsel submitted that the respondent was a high risk serious offender, had proved he would substantially comply with the standard conditions, and that a supervision order should be made. The respondent had made significant progress in addressing his treatment needs, and further progress could only be made once he was released into the community. I was satisfied that a supervision order would reduce the risk posed by the respondent to a reasonably acceptable level that ensured adequate protection of the community. I decided to release the respondent on a supervision order, subject to stringent conditions.