The State of Western Australia v Williams

[2023] WASC 283

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   THE STATE OF WESTERN AUSTRALIA -v- WILLIAMS [2023] WASC 283

CORAM:   QUINLAN CJ

HEARD:   28 JULY 2023

DELIVERED          :   28 JULY 2023

PUBLISHED           :   28 JULY 2023

FILE NO:   SO 8 of 2023

BETWEEN:   THE STATE OF WESTERN AUSTRALIA

Applicant

AND

DEAN HENRIDOUS WILLIAMS

Respondent

Catchwords:

Criminal law – High Risk Serious Offenders Act 2020 (WA) – Preliminary hearing – Whether reasonable grounds for belief that restriction order might be made – Whether interim supervision order is desirable – Turns on own facts

Legislation:

High Risk Serious Offenders Act 2020 (WA)

Result:

Orders pursuant to s 46(2) made
No interim supervision order made

Category:    B

Representation:

Counsel:

Applicant	:	F M Allen
Respondent	:	T J McCulloch

Solicitors:

Applicant	:	State Solicitor's Office
Respondent	:	Legal Aid WA

Cases referred to in decision:

The State of Western Australia v PAS [2020] WASC 405

The State of Western Australia v Winder [2021] WASC 65

QUINLAN CJ:

(This judgment was delivered extemporaneously on 28 July 2023 and has been edited from the transcript.)

Introduction

1. On 21 July this year, the State of Western Australia applied for a restriction order in respect of Dean Henridous Williams under the High Risk Serious Offenders Act 2020 (WA) (the Act).

2. The preliminary hearing for the application came before me today.

3. The main purpose of the preliminary hearing is for me to decide whether there are reasonable grounds for believing that the court might find that Mr Williams is a high risk serious offender within the meaning of the Act.

4. Mr Williams' counsel conceded that the requirements of the Act were met. In the circumstances, I accept that concession and am satisfied that the requirements are met. The reasons for my conclusion are as follows.

The law

1. Pursuant to s 46 of the Act, the main purpose of the preliminary hearing is to decide whether the Court is satisfied that there are reasonable grounds for believing that the Court might find that Mr Williams is a high risk serious offender.

2. A 'high risk serious offender' is a person in relation to whom the Court is satisfied by acceptable and cogent evidence and to a high degree of probability, that it is necessary to make a restriction order in relation to, in order to ensure adequate protection of the community against an unacceptable risk that the person will commit a serious offence.

3. A 'serious offence' within the meaning of the Act, relevantly, includes an offence the subject of a declaration under s 97A of the Sentencing Act 1995 (WA).

4. I do not have to be satisfied that a restriction order will be made. It is sufficient if there are reasonable grounds for believing that an order might be made. To say that something might occur, is to say that it is possible, and belief is an inclination of mind towards assenting to, rather than rejecting, a proposition. For there to be reasonable grounds for belief requires the existence of facts which are sufficient to induce that state of mind in a reasonable person.[1]

   [1] The State of Western Australia v PAS [2020] WASC 405 [20] ‑ [21] (Allanson J); The State of Western Australia v Winder [2021] WASC 65 [16] (Quinlan CJ).

The evidence

1. In support of the application, the State relies upon an affidavit affirmed by James Francis Bennett on 21 July 2023, an affidavit of Cassie McNally affirmed on 25 July 2023 as to Mr Williams' proposed accommodation, together with a number of reports prepared by Adult Community Corrections.

2. Mr Williams is now 43 years old. He has a history of substance use issues involving cannabis, solvents, alcohol and amphetamine. Previous reports indicate that he has no formal diagnosis of psychiatric illness, although he has had some history of self-harm and suicidal ideation. These appear to be related to stress and to difficulties with recognising, monitoring and regulating difficult emotions. Mr Williams has a shoulder injury which prevents him from engaging in employment.

3. Mr Williams has a long history of offending commencing from the age of 11. The offending includes burglary, sexual offending, family violence offending, property offences and drug possession. He has convictions for a number of serious offences within the meaning of the Act and is currently serving a term of 7 months imprisonment for his most recent offending.

4. That offence was unlawful assault causing bodily harm, contrary to s 317 of the Criminal Code. That offence is not a scheduled serious offence within the meaning of the Act but was declared to be a serious offence by the magistrate who dealt with Mr Williams on 19 January this year when she made a declaration under s 97A of the Sentencing Act 1995 (WA).

5. That offence occurred on 7 January 2023. The victim was Mr Williams' then partner. The relationship commenced approximately two years prior to Mr Williams having been then most recently imprisoned and recommenced after his release. On the day of the offence, Mr Williams and the victim were walking along a local road after being at a friend's house where they had consumed alcohol. An argument broke out between them and the two of them became physically aggressive. During the altercation, Mr Williams punched the victim once to the left eye, causing bruises and swelling, and pain and discomfort. The offence occurred approximately four weeks after Mr Williams' release from prison for family violence offences against his previous intimate partner.

6. The evidence generally shows a very concerning pattern of offences in the last four years, in particular against intimate partners, that have resulted in relatively short terms of imprisonment. Mr Williams is, as a consequence, the subject of a declaration that he is a Serial Family Violence Offender.

7. No psychological or psychiatric assessment reports have been provided during Mr Williams' current term of imprisonment. During that term of imprisonment, he has not been able to participate in voluntary programs due to the length of the sentence but did participate in a 12 session narcotics program which was due to be completed by the end of April 2023.

8. A parole assessment report from 10 March 2023 reported the following:

   Departmental records indicate he attended domestic violence treatment, substance abuse counselling, and psychological counselling while subject to previous community supervision. He [has] also completed 24 sessions of a family violence program with Relationships Australia in 2014. Despite completing programs to address his treatment needs, he has continued to reoffend in a similar manner.

9. The most recent psychological report in relation to Mr Williams was prepared by Mr Bart Wszola on 31 October 2019. That report stated that:

   Based on the available information Mr Williams presents with treatment needs in regard to his self, emotional, and relationship management skills which deteriorate further in the context of substance abuse. As such, targeting those areas appears pertinent to moderating his risk of violent reoffending, especially against an intimate partner. At this point in time, Mr Williams can clearly identify methamphetamine abuse as being problematic but needs to better understand how his skills deficits and problematic relationship patterns can also contribute to his relationship issues and violent behaviour.

10. Mr Wszola recommended at that time that Mr Williams participate in programs that target substance abuse related offending and cognitive skill development.

My assessment

1. I am satisfied on the basis of the material that there are reasonable grounds to believe that a court might find that Mr Williams is a high risk serious offender.

2. Mr Williams has a significant history of violent offending against intimate partners. Mr Williams' most recent offending, for example, was committed against an intimate partner shortly after his release on an earlier term of imprisonment for such offending.

3. While Mr Williams' offending against intimate partners since 2017 has not involved serious offences within the meaning of the Act (other than the most recent which was the subject of a declaration), it nevertheless presents a pattern of offending of a violent nature against intimate partners that needs to be arrested and stopped.

4. While there is a paucity of recent professional assessments of Mr Williams, I am satisfied that the material that is available does place Mr Williams at risk of reoffending, and if his pattern of offending is not stopped, there are reasonable grounds to think that the court might find that he will commit a further serious offence. He clearly requires further intervention both in relation to his use of violence and to keep him away from substance abuse.

5. On the basis of that offending history and his unmet treatment needs, I am satisfied there are reasonable grounds to believe that a court might find that he is a high risk serious offender. I will therefore make orders for the hearing of the restriction order application.

6. I turn then to the interim supervision order.

Interim supervision order

1. The State submitted that I should make an interim supervision order pursuant to s 58 of the Act. While I am satisfied that I have jurisdiction to do so, in the particular circumstances of this case I am not satisfied that it is necessary or desirable for the protection of the community. I reach that conclusion for the following reasons.

2. Mr Williams upon his release will be subject to a post-sentence supervision order (PSSO) made by the Prisoners Review Board. That order will remain in place until 7 March next year.

3. Under the PSSO, Mr Williams is required to report to a community corrections officer and is required to comply with s 76 of the Sentence Administration Act 2003 (WA), which requires him to comply with all lawful orders or directions of a community corrections officer, to do community corrections activities as the supervisor of a centre determines. He is also required to have no direct or indirect contact with his victims, not to use any illicit drugs, to attend random urinalysis for all illicit substances, not to consume alcohol or enter any licensed premises, to submit to random breath testing as required by police, to attend programs as directed and, importantly, to be subject to electronic monitoring in accordance with s 74G of the Sentence Administration Act 2003 (WA).

4. That last condition – that is, that he be subject to electronic monitoring – is one that is not always imposed under PSSOs, but is one which provides an additional level of supervision in the present case.

5. I am satisfied that on the available material the PSSO and the degree of supervision that it provides is sufficient to meet the needs of community protection at this time.

6. I am also influenced by the fact that Mr Williams has the support of his immediate family, and with that immediate family has pro‑social contacts within the community that should assist in meeting the desired results of the PSSO. In all of the circumstances, I am satisfied that an additional level of supervision pursuant to an interim supervision order under the Act is not required.

7. Nevertheless, I am also satisfied that it is appropriate to monitor Mr Williams' performance on the PSSO. I will therefore adjourn the State's application for an interim supervision order to 29 September 2023. I direct Mr Williams to attend at that application on 29 September 2023. He may so appear by video link and that prior to the resumed hearing on 29 September 2023. I also order that, prior to 29 September 2023, the State file and serve an affidavit annexing a report as to Mr Williams' performance on the PSSO.

8. In the event that his performance is unsatisfactory, it will then be open to the court to impose the additional restrictions that might come from an interim supervision order.

I certify that the preceding paragraphs comprise the reasons for decision of the Supreme Court of Western Australia.

SC

Principal Associate to the Honourable Chief Justice Quinlan

28 JULY 2023