The State of Western Australia v Slater [No 2]

The State of Western Australia brought proceedings against Slater under the High Risk Serious Offenders Act 2020 (WA). The state sought an interim supervision order and a detention order pending the determination of contravention proceedings against Slater for an alleged contravention of his supervision order. The matter was heard in the Supreme Court of Western Australia. The primary issue before the court was whether a detention order should be made in respect of Slater pending the determination of the contravention proceedings. The court considered the relevant statutory provisions, the principles of justice, and the circumstances of the case in deciding whether to make the detention order.

The court held that the decision to make a detention order should be guided by the principles of justice and fairness, as well as the statutory provisions. The court emphasised the importance of balancing the rights of the individual with the need to protect the community. The court found that the statutory provisions did not require the making of a detention order as a matter of course, and that the decision should be made on a case-by-case basis. The court considered the evidence and arguments presented by both parties and determined that a detention order should not be made in this case. The court found that the risk to the community was not sufficient to justify the deprivation of Slater's liberty pending the determination of the contravention proceedings.

The Supreme Court of Western Australia dismissed the application for a detention order. The court found that the risk to the community was not sufficient to justify the deprivation of Slater's liberty pending the determination of the contravention proceedings. The court emphasised the importance of balancing the rights of the individual with the need to protect the community and found that the principles of justice and fairness required that a detention order not be made in this case. The court did, however, make an interim supervision order in respect of Slater.