The State of Western Australia v James-Ind [No 2]

In the Supreme Court of Western Australia, the State of Western Australia brought an application against Robert Alan James-Ind, a declared dangerous sexual offender, under the High Risk Serious Offenders Act 2020 (WA). The State sought orders under the Act for the amendment of Mr James-Ind's supervision order following his contravention of two conditions of the order. The contraventions were based on Mr James-Ind allowing two females, aged 41 and 16 years respectively, to reside in a caravan on his property without prior approval from a Community Corrections Officer (CCO). Mr James-Ind pleaded guilty to the charges in the Magistrates Court. The key legal issues in this case were whether Mr James-Ind had contravened the supervision order and, if so, whether he should be released into the community subject to an amended supervision order. The court found that Mr James-Ind had indeed contravened the supervision order and that he should be released into the community on an amended supervision order. The amended supervision order includes additional conditions addressing internet usage, medication treatment, and reporting requirements. The court concluded that the amended supervision order would ensure adequate protection of the community and that Mr James-Ind would substantially comply with the standard conditions of the order. The amended supervision order is attached as Annexure A to the court's reasons for decision. The period for which Mr James-Ind is to be subject to the amended supervision order is 5 years, commencing on 4 June 2019, and is extended by the custody period served by Mr James-Ind for his convictions.