The State of Western Australia v Dempster [No 2]

The State of Western Australia applied for an interim detention order or an interim supervision order in respect of Jack James Dempster pending the determination of a restriction order application under the High Risk Serious Offenders Act 2020 (WA). The application arose from the respondent's lengthy criminal record for acts of violence, his significant number of outstanding treatment needs particularly in relation to alcohol and substance abuse and emotional regulation, and the most recent assessment of his risk of committing further violent offences. The State submitted that an interim detention order should be made due to the respondent's risk of committing a serious offence. The respondent opposed the application for an order that he be detained in custody until the determination of the restriction order application and instead submitted that he should be released on an interim supervision order on the condition that he live with his sister at an address in Hay Street, Kalgoorlie. Derrick J ultimately decided to adjourn the State's application for an interim detention order so as to give the respondent the opportunity to obtain further information about other possible accommodation options. On 24 May 2022, Derrick J again adjourned the application for an interim detention order. At the preliminary hearing the respondent's counsel indicated that she would attempt to obtain affidavit evidence prior to 24 May 2022 in support of some or all of the assertions that she had made from the bar table on the respondent's instructions in relation to the suitability of the Hay Street address. Counsel was not able to obtain any such affidavit evidence although she did on the morning of the hearing on 24 May 2022 provide Derrick J with a letter written by Ms Thomson dated 24 May 2022. Derrick J concluded that the Hay Street address was not a suitable address for the respondent to be released to because it was too close to the residence of the victim of the index offence. Derrick J was satisfied that to ensure adequate protection of the community it was desirable to make an interim supervision order in respect of the respondent which required him to live at the Victoria Park address and which contained most of the stringent conditions set out in the draft order. Derrick J certified that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.