The State of Western Australia v Carter [No 5]

In The State of Western Australia v Carter [No 5], the Supreme Court of Western Australia was asked to decide whether the respondent, Brendon Vaughan Carter, remained a high risk serious offender. If the court found that the respondent remained a high risk serious offender, the court was required to decide whether to affirm the continuing detention order in respect of the respondent or rescind the order and make a supervision order in respect of the respondent. The court was also required to determine the period of the supervision order if it was made and whether the name and address of the proposed residence for the respondent were to be suppressed. The court found that the respondent remained a high risk serious offender and rescinded the continuing detention order. It made a supervision order in respect of the respondent for a period of eight years. The court also made a suppression order. The court found that the respondent remained a high risk serious offender on the basis of the evidence adduced at the hearing of the application. The court found that the respondent's risk of reoffending could be adequately managed if he was released into the community on a supervision order. It found that the respondent would substantially comply with the conditions of the supervision order. The court also found that the need to ensure the adequate protection of the community could be met by the supervision order. The court accepted the evidence of the experts and the State as to the appropriate period of the supervision order. The court found that the period of the supervision order should be eight years. The court found that it was necessary to make a suppression order in relation to the name and address of the proposed residence.