The State of Western Australia v Lynch

The State of Western Australia brought an application against Shaun Gerard Broes Lynch under the High Risk Serious Offenders Act 2020 (WA) seeking a restriction order, which would limit his freedom to protect the community from the risk of him committing a serious offence. The application was heard in the Supreme Court of Western Australia. The primary issue for the court was whether there were reasonable grounds for believing that Mr Lynch is a high risk serious offender, and whether an interim supervision order was desirable. The court accepted the State's evidence that there were reasonable grounds for believing that Mr Lynch might be a high risk serious offender due to his history of sporadic violent offending, often associated with alcohol and drug use. Mr Lynch consented to an interim supervision order, recognising the importance of his supervision in the community.

The court found that there were reasonable grounds for believing that Mr Lynch might be a high risk serious offender, as he has a history of sporadic violent offending with serious consequences, often associated with substance abuse. The court also accepted that an interim supervision order was desirable to ensure the adequate protection of the community and to maintain the stability of Mr Lynch's supervision between the current hearing and the final determination of the restriction order application. Mr Lynch's compliance with parole conditions and his acceptance of the interim supervision order demonstrated his recognition of the importance of his supervision in the community.