The State of Western Australia v Ugle

In the Supreme Court of Western Australia, the State of Western Australia applied for a restriction order against Roger Brett Ugle under the High Risk Serious Offenders Act 2020. The preliminary hearing to determine whether there were reasonable grounds for believing that the court might find Ugle to be a high risk serious offender took place on 8 March 2022. The court accepted the State's submission that the requirements for a preliminary hearing under section 46 of the Act were met, and that an interim supervision order should be made. The court found that Ugle had a long history of violent offending, particularly while intoxicated, and that there were reasonable grounds for believing that he might reoffend if he was not subject to adequate supervision. The court accepted that the proposed residence was suitable and not near Ugle's most recent victim, and that supervision was necessary to protect the community.

The court's reasoning was based on Ugle's criminal history, which included convictions for serious offences such as armed robbery and grievous bodily harm, and his pattern of offending in the context of his use of drugs and alcohol. The most recent offence occurred in 2017, when Ugle assaulted his partner, causing her to suffer a broken jaw and nose. The court also noted that Ugle had participated in various treatment programs, but that he had only made limited progress and the most recent reports suggested that he had continuing unmet needs and a high risk of reoffending. The court found that Ugle's ongoing problems with substance abuse and his pattern of violent offending while intoxicated, together with his continuing association with anti-social peers, satisfied the requirements for a preliminary hearing under section 46 of the Act. The court made an interim supervision order, which will remain in place until the final determination of the application.