WA v Hoskin [No 4]

[2026] WASC 346

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Criminal law
1. High risk serious offender
1. Contravention proceedings
1. Application under s 55 of the High Risk Serious Offenders Act 2020 (WA) for rescission or, alternatively, amendment of supervision order

On a contravention application under s 55 of the High Risk Serious Offenders Act 2020 (WA), even where extensive and deliberate breaches of a supervision order are proved, rescission and a continuing detention order are not required where the court is satisfied that amended conditions, combined with therapeutic intervention, NDIS supports and anti-libidinal medication (if consented to), can adequately manage the offender's risk in the community.
The onus on the offender under s 29 to prove substantial compliance with standard conditions on the balance of probabilities may be discharged despite a poor compliance history, where changed circumstances — including independent accommodation away from an unsupportive family environment, intensive support services, and the offender's stated understanding of consequences — provide a sufficient basis for the court's satisfaction.
An offender's willingness to take anti-libidinal medication, while not appropriately made a condition of a supervision order, may properly be taken into account by the court as a factor increasing confidence in the manageability of the offender's risk.