WA v C

On mandatory review of a continuing detention order under s 64 of the High Risk Serious Offenders Act 2020 (WA), the Court found the respondent remained a high risk serious offender based on actuarial risk assessments placing him at 'Well Above Average Risk' of sexual recidivism and 'Average Risk' of violent recidivism, but rescinded the continuing detention order in favour of a supervision order. The Court was satisfied on the balance of probabilities that the respondent would substantially comply with supervision conditions, notwithstanding his history of non-compliance, having regard to his increased understanding of consequences, completion of treatment programs, and the availability of structured shared accommodation through the St ROB Foundation. The Court accepted that the identified risks associated with the proposed accommodation — including potential changes in co-residents, restrictions on contact with the respondent's partner, and interpersonal tensions with the accommodation provider — could be adequately managed through supervision conditions and did not render the accommodation unsuitable.