The State of Western Australia v MBW [No 6]

The Court of Appeal of Western Australia considered a case involving the State of Western Australia and an individual identified as MBW, concerning whether a continuing detention order should be made under the Dangerous Sexual Offenders Act 2006 (WA). The respondent, MBW, had previously been subject to a supervision order under the Act and had contravened the terms of that order. The State sought a continuing detention order, arguing that MBW remained a risk to the community due to his history of sexual offending.

The primary legal issue before the court was whether the respondent's contravention of his supervision order warranted the imposition of a continuing detention order. The court had to weigh the evidence regarding MBW's risk to the community against the principles of proportionality and the right to liberty. The court also had to consider the criteria set out in the Act for making such an order, including whether MBW's risk was significant and whether the order was necessary to protect the community.

The Court of Appeal held that the contravention of the supervision order was a significant factor in determining MBW's risk to the community. The court noted that MBW had a history of sexual offending and had failed to comply with the conditions of his supervision order, which demonstrated a disregard for the measures intended to manage his risk. The court found that MBW's risk to the community was significant and that a continuing detention order was necessary to protect public safety. The court concluded that the order was proportionate and did not breach MBW's right to liberty, as the conditions of his detention were designed to manage his risk in a manner that was least restrictive of his freedom.

The Court of Appeal made a continuing detention order under the Dangerous Sexual Offenders Act 2006 (WA), confirming the lower court's decision. The court emphasised that the order was made on the basis of MBW's significant risk to the community and the need to protect public safety. The order was to remain in effect until such time as the court determined that MBW no longer posed a significant risk.