The State of Western Australia v Dick

The case involves an application by the State of Western Australia to rescind or amend a supervision order made in respect of James Flavell Dick under the High Risk Serious Offenders Act 2020 (WA) (HRSO Act). The State alleges that Mr Dick has contravened the supervision order on four separate occasions. Mr Dick has pleaded guilty to the first two contravention charges under s 80(1) of the HRSO Act. The State relies on two further alleged contraventions which have not been the subject of formal charges under the Act.

The legal issues for the court to decide were whether Mr Dick had contravened the supervision order and if so, whether the supervision order should be rescinded and a continuing detention order made or whether the supervision order should be amended. The court was required to consider the statutory framework and principles applicable to the making of an application under s 55 of the HRSO Act. In particular, the court had to consider whether Mr Dick would substantially comply with the standard conditions of a supervision order and the factors relevant to assessing whether Mr Dick would substantially comply.

The court found that Mr Dick had contravened the supervision order in respect of the first and second offences and also found that the third and fourth contraventions had been proved. The court considered the evidence of Dr Peter Wynn Owen, Dr Kathryn Riordan and Shae Hazzard and was satisfied that Mr Dick would substantially comply with the standard conditions of a supervision order. The court was also satisfied that re-releasing Mr Dick on a supervision order amended as proposed in Ms Hazzard's report would adequately protect the community. Accordingly, the court affirmed the supervision order and amended the order in terms of the amendments proposed in Ms Hazzard's report. The amended conditions of the supervision order are set out in the annexure to the reasons.

The orders of the court are that the conditions of the supervision order are amended as marked on Annexure A to the orders and the period for which the respondent is to be subject to the supervision order is extended by a period of 7 months.