The State of Western Australia v Corbett [No 8]

Case

[2021] WASC 171


Details
AGLC Case Decision Date
The State of Western Australia v Corbett [No 8] [2021] WASC 171 [2021] WASC 171

CaseChat Overview and Summary

The case involved an application by the State of Western Australia against Tyrone Kingsley Corbett, seeking orders that the supervision order made in relation to him be rescinded and that he be detained indefinitely in custody under the High Risk Serious Offenders Act 2020. The application was brought on the basis that the respondent had contravened a number of conditions of a supervision order. The respondent had a history of serious sexual offending, and had been subject to a supervision order under the Dangerous Sexual Offenders Act 2006 until the commencement of the High Risk Serious Offenders Act 2020, which repealed the DSO Act. The supervision order was rescinded and a continuing detention order was made in relation to the respondent. The court found that the respondent had contravened a number of conditions of the supervision order, including by refusing to comply with the requirement to keep a diary of his activities and by associating with people who used drugs in his residence. The court found that the respondent had a belligerent attitude towards his Community Corrections Officer and the conditions of the supervision order, and that he was likely to contravene the conditions of a supervision order if he were released again on such an order. The court found that the respondent would not substantially comply with the standard conditions of a supervision order and that it was not satisfied that there were any other conditions that could be imposed that would provide adequate protection of the community.
Details

Areas of Law

  • Criminal Law

  • Administrative Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • High Risk Serious Offenders Act 2020 (WA)

  • Supervision Order

  • Contravention of Order

  • Risk of Reoffending

  • Community Protection

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Cases Citing This Decision

18

Cases Cited

15

Statutory Material Cited

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