The State of Western Australia v MBW [No 8]

The State of Western Australia v MBW [No 8] was a case heard by Lundberg J in the Supreme Court of Western Australia. The case concerned the second periodic review of a continuing detention order (CDO) imposed on the Respondent under the High Risk Serious Offenders Act 2020 (WA) (HRSO Act). The State of Western Australia applied for an order that the Respondent's detention be reviewed, pursuant to s 64(2)(a) of the HRSO Act. The State argued that the Respondent remained a high risk serious offender and that his detention should be continued. The Respondent, on the other hand, argued that he was no longer a high risk serious offender and that he should be released on a Supervision Order. The court heard evidence from various experts, including forensic psychiatrists, psychologists, and a Senior Community Corrections Officer. The court found that the Respondent remained a high risk serious offender within the meaning of s 7(1) HRSO Act. Although the Respondent had made some progress in his treatment, the court was not satisfied that he would substantially comply with the standard conditions of a Supervision Order. Furthermore, the court was not satisfied that the community would be adequately protected by releasing the Respondent on a Supervision Order. As a result, the court affirmed the existing CDO made by Corboy J on 9 March 2018. The decision highlights the importance of considering both the risk posed by the offender and the need to ensure adequate protection of the community when making decisions about the detention of high risk serious offenders.