Director of Public Prosecutions (WA) v Ugle [No 3]

[2015] WASC 452

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Criminal Law
2. › Dangerous sexual offenders
3. › Annual review of continuing detention order
4. › Whether detention order should be rescinded
5. › Whether community adequately protected by supervision order
6. › Change in circumstances since detention order
7. › Dangerous Sexual Offenders Act 2006 (WA), s 33
1. Criminal Law
2. › Dangerous sexual offenders
3. › Supervision order
4. › Duration
5. › Principle of least invasive option
6. › Factors relevant to period of unacceptable risk
7. › Dangerous Sexual Offenders Act 2006 (WA), s 7(3)(e), s 7(3)(f), s 33(2)(b)
1. Criminal Law
2. › Dangerous sexual offenders
3. › Risk assessment
4. › Whether denial of offending precludes management in community
5. › Whether adequate accommodation available
6. › Dangerous Sexual Offenders Act 2006 (WA), s 18(2)(a)

Quick Take

The principle that the court should choose the least invasive option extends to determining the duration of a supervision order, not merely the choice between detention and supervision. The duration should not be longer than the court considers necessary to ensure adequate protection of the community. Denial of sexual offending does not, of itself, preclude management of risk in the community where other significant therapeutic gains have been made. The question of the proper construction of s 33 — whether the reviewing court is bound by the original court's findings or must make a fresh assessment — remains unresolved.