The State of Western Australia v CJC

The State of Western Australia applied for a restriction order in respect of CJC under the High Risk Serious Offenders Act 2020 (WA) (the Act). The preliminary hearing of the application was heard by Quinlan CJ in the Supreme Court of Western Australia. The main purpose of the preliminary hearing was to decide whether there are reasonable grounds for believing that the Court might find that CJC is a high risk serious offender within the meaning of the Act (see s 46(1) of the Act). The respondent's counsel accepted that the requirements of s 46(1) were met. The respondent is a sentenced prisoner in relation to a number of sexual offences he committed between 2006 and 2008. His current term of imprisonment expires on 1 March 2023. The respondent is, however, currently facing charges for further offences, which have been committed to the District Court of Western Australia. Those charges relate to offences alleged to have been committed in 2009 against three victims, including one of his children. The respondent has pleaded not guilty to those charges. The respondent's counsel foreshadowed that she would apply for an interim supervision order under the Act, and sought an adjournment to be able to make that application. The State did not oppose an adjournment for that purpose but submitted that the Court should make an interim detention order pursuant to s 46(2)(c)(i) of the Act in the meantime, until the date of the resumed hearing.

The Court decided that there are reasonable grounds to believe that the court might find CJC to be a high risk serious offender. The Court decided that it was appropriate to make an interim detention order. The Court ordered that CJC be detained in custody until 24 March 2023, pursuant to s 46(2)(c)(i) of the Act. The Court adjourned the preliminary hearing to 24 March 2023, at which time the respondent may pursue any application for an interim supervision order pursuant to s 58 of the Act.