The Court declared the respondent a high risk serious offender under s 7(1) of the High Risk Serious Offenders Act 2020 (WA), finding an unacceptable risk he would commit serious violence offences (assault or robbery) and, to a lesser extent, sexual offences, driven primarily by his FASD diagnosis, antisocial personality traits, substance abuse, and susceptibility to negative peer influence. The Court imposed a supervision order rather than a continuing detention order, finding that the respondent's NDIS-funded accommodation and support package, combined with a guardianship and administration order and supervision order conditions (including electronic monitoring, curfew, and substance use prohibitions), could adequately protect the community. The Court found the respondent did not have a propensity to commit serious sexual offences or arson offences specifically, but did have a propensity for serious violence offences deployed instrumentally to achieve immediate goals, particularly while intoxicated.
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