WA v Ck

[2026] WASC 31

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Criminal Law
2. › High risk serious offenders
3. › Restriction order application
4. › Whether offender is a high risk serious offender
5. › Whether unacceptable risk of committing serious offence
6. › High Risk Serious Offenders Act 2020 (WA), ss 7, 46, 48
1. Criminal Law
2. › High risk serious offenders
3. › Restriction order
4. › Whether continuing detention order or supervision order appropriate
5. › Unavailability of suitable accommodation
6. › Least invasive order consistent with community protection
7. › High Risk Serious Offenders Act 2020 (WA), ss 26, 27, 29, 48

Quick Take

The unavailability of suitable accommodation in the community may be the determinative factor in whether a continuing detention order rather than a supervision order is made under the HRSO Act, even where expert evidence supports the view that the offender's risk could otherwise be managed in the community.

Case Details

Citation[2026] WASC 31

CourtWASC

JurisdictionWestern Australia

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Relies on5

2025The State of Western Australia v CkWASC 362
2023The State of Western Australia v Ujg [No 2]WASC 77
2022Garlett v Western AustraliaHCA 30
2015Director of Public Prosecutions (WA) v GriffithsWASC 393
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