The State of Western Australia v PAS [No 3]

The State of Western Australia applied for a restriction order in relation to the respondent under the High Risk Serious Offenders Act 2020 (WA). The application was brought by the State after the respondent's release from a 12-year prison sentence imposed in 2008. The respondent has a history of serious offences, including five counts of sexual penetration without consent. The State applied for a restriction order under s 35 of the HRSO Act because the respondent was due to be released from prison within the period of one year following the application. The respondent was released on an interim supervision order on 10 November 2020, but subsequently breached the conditions of that order on a number of occasions. The breaches resulted in the respondent being remanded in custody. The court must decide whether the respondent is a high risk serious offender and whether a supervision order or a continuing detention order is the appropriate outcome. The court concluded that the respondent is a high risk serious offender and that a continuing detention order was the appropriate outcome. The respondent has a propensity to commit serious offences, especially in the context of intimate relationships and substance abuse. He has a history of non-compliance with orders and has consistently failed to abstain from drug use. The court was not satisfied that a supervision order would provide adequate protection to the community. The court ordered that the respondent be detained in custody for control, care and treatment.