Yates v The Queen

The High Court of Australia considered an appeal by Yates against an order made under s 662 of the *Criminal Code* (WA). The dispute concerned the continued detention of Yates during the Governor's pleasure, following the expiration of his original sentence, on the basis that he posed a constant danger to the community and that his detention was necessary to protect society from physical harm.

The central legal issues before the High Court were whether the evidence before the sentencing judge was capable of supporting the conclusion that Yates constituted a constant danger to the community, and whether the order for detention during the Governor's pleasure was demonstrably necessary to protect society from physical harm.

The High Court allowed the appeal, setting aside the order of the Court of Criminal Appeal of Western Australia. The Court quashed the order made by Wallace J under s 662 of the *Criminal Code* (WA). The Court's reasoning, though not detailed in the provided text, focused on the evidentiary basis for concluding that Yates was a constant danger and that his continued detention was demonstrably necessary for the protection of the community.