The State of Western Australia v Warmdean [No 4]

The case of The State of Western Australia v Warmdean [No 4] was heard by STRK J in the Supreme Court of Western Australia. The State of Western Australia applied for a review of a continuing detention order made in respect of the respondent, William Stanley Joseph Warmdean, pursuant to section 64 of the High Risk Serious Offenders Act 2020 (WA) (HRSO Act). The outcome of the application turned upon the answer to two questions: whether the respondent remained a high risk serious offender, and if so, whether a continuing detention order should be affirmed or rescinded and a supervision order made. The hearing took place on 26 and 27 April 2023. The court found that the respondent remained a high risk serious offender and rescinded the continuing detention order, imposing a supervision order instead. The court applied relevant statutory provisions and legal principles, taking into account the respondent's antecedents, criminal history, propensity to commit serious offences in the future, and efforts to address offending behaviour. Expert reports and the extent to which the respondent cooperated with examinations were also considered. The court concluded that the risk posed by the respondent could be adequately managed in the community with the imposition of a supervision order for a period of five years. The supervision order included standard and additional conditions aimed at ensuring the adequate protection of the community.