The State of Western Australia v Atkins [No 2]

In the case of The State of Western Australia v Atkins [No 2], the Supreme Court of Western Australia was tasked with determining whether a restriction order should be imposed on Mr Atkins to ensure adequate protection of the community against an unacceptable risk that he would commit a serious offence upon his release. The court found that Mr Atkins is a high risk serious offender and that a restriction order is necessary. The court considered the statutory framework and legal principles, including the definition of a high risk serious offender, the objects of the High Risk Serious Offenders Act 2020 (WA), and the principles governing the imposition of restriction orders. The court also examined the evidence presented, including expert reports, Mr Atkins' criminal history, and his participation in rehabilitation programs. The court determined that Mr Atkins' risk of reoffending may be adequately managed in the community with the imposition of a supervision order, subject to certain conditions. These conditions include restrictions on contact with victims, prohibitions on drug and alcohol use, monitoring of Mr Atkins' associations and movements, and requirements for regular reporting and compliance with electronic monitoring. The court imposed a supervision order for a period of five years, in line with the recommendations of the experts and the need for an extended period to facilitate Mr Atkins' rehabilitation and risk management. The final orders will be heard by the parties, taking into account Mr Atkins' sentence end date and parole eligibility.