The State of Western Australia v Pendleton

In this case, the Supreme Court of Western Australia was asked to review the continuing detention order of Mark Pendleton, who has been detained for over a decade due to his history of sexual offences against children. The court found that Mr Pendleton remains a high risk serious offender and affirmed the continuing detention order. The court was satisfied that there is an unacceptable risk that Mr Pendleton would commit a serious offence if released without restriction. The court found that even though the risk of Mr Pendleton committing a serious offence could be adequately managed in Western Australia, it could not be adequately managed if he were to be deported to the UK. The court also noted that there is an obvious absurdity in a scenario that Mr Pendleton must be detained in order to provide adequate protection for communities outside Western Australia, where the State of Western Australia responsibly accepts that the risk that he might commit a serious offence can adequately be managed under a supervision order in this community. The court emphasized the importance of providing sufficient opportunity for Mr Pendleton to undergo treatment and demonstrate rehabilitation, as he faces the bleak possibility of life in detention forever.