Contravention proceedings under s 55 of the High Risk Serious Offenders Act 2020 (WA)
The respondent was prosecuted in respect of, and pleaded guilty to, six contraventions of the court's supervision order
Quick Take
1Where a high risk serious offender's contraventions do not involve breaches of the standard conditions under s 30(2) of the HRSO Act, and substantial community supports (including NDIS-funded 24/7 care) are available, the court may be satisfied that an amended supervision order with more restrictive conditions adequately protects the community without resort to a continuing detention order.
2The availability of intensive NDIS-funded support — including supported independent living, behavioural intervention, and specialist support coordination — is a significant factor in the court's assessment of whether community-based supervision can adequately manage the risk posed by a cognitively impaired offender with mental illness.
3The court must choose the least invasive order consistent with adequate community protection, but if left in doubt whether supervision order conditions would adequately protect the community, a continuing detention order must be imposed.
