Under the Dangerous Sexual Offenders Act 2006 (WA), a finding that there is an 'unacceptable risk' within s 7(1) necessarily and automatically constitutes a finding that the offender is a 'serious danger to the community'; there is no separate or additional requirement. If such a finding is made, the court must make either a continuing detention order or a supervision order — the word 'may' in s 17(1) means 'must' and there is no discretion to make no order. The standard of proof ('high degree of probability') is above the balance of probabilities but below beyond reasonable doubt, and does not require satisfaction that there is more than a 50% prospect of re-offending. Evidence of juvenile sexual offending is admissible in DSO proceedings notwithstanding the Young Offenders Act 1994 (WA), ss 189 and 190. Psychiatric reports are only part of the evidence and the ultimate assessment of risk is for the judge alone.
The full text is available to signed-in members, including the 226 later cases that cite this judgment.
45 of the 226 citing cases carry a classified treatment. How each court treated it is available to signed-in members.