SC: Public Premises Act Prevails over State Rent Laws For Evicting Unauthorised Occupants  ||  SC: Doctors Were Unwavering Heroes in COVID-19, and Their Sacrifice Remains Indelible  ||  SC Sets Up Secondary Medical Board to Assess Passive Euthanasia Plea of Man in Vegetative State  ||  NCLAT: Amounts Listed As ‘Other Advances’ in Company’s Balance Sheet aren’t Financial Debt under IBC  ||  NCLT Ahmedabad: Objections to Coc Cannot Bar RP From Challenging Preferential Transactions  ||  J&K&L HC: Courts Should Exercise Caution When Granting Interim Relief in Public Infrastructure Cases  ||  Bombay HC: SARFAESI Sale Invalid if Sale Certificate is Not Issued Prior to IBC Moratorium  ||  Supreme Court: Police May Freeze Bank Accounts under S.102 CrPC in Prevention of Corruption Cases  ||  SC: Arbitrator’s Mandate Ends on Time Expiry; Substituted Arbitrator Must Continue After Extension  ||  SC: Woman May Move Her Department’s ICC For Harassment by Employee of Another Workplace    

The State of Western Australia vs. Latimer - (28 Aug 2023)

Court cannot release an offender on a supervision order unless satisfied, on the balance of probabilities, that the offender will substantially comply with the standard conditions of the order

Criminal

Present is a contravention hearing under the High Risk Serious Offenders Act, 2020 (HRSO Act) in respect of the Respondent, Edward Latimer. As at the date of the application, the Respondent was subject to a 10 year supervision order, which commenced on 31 July 2019. The State alleges the respondent has contravened the supervision order on four occasions, and has applied for an order rescinding the supervision order and making a continuing detention order.

The powers conferred by the HRSO Act are not to be exercised for the purpose of imposing additional punishment on the offender, but rather for the ultimate purpose of protecting the community.

In deciding which order to make, the paramount consideration is to be the need to ensure adequate protection of the community.A continuing detention order is an order that the offender be detained in custody for an indefinite term for control, care or treatment.A supervision order is an order that the offender, when not in custody, is to be subject to stated conditions that the court considers to be appropriate in accordance with Section 30 of the HRSO Act. The court cannot release an offender on a supervision order unless satisfied, on the balance of probabilities, that the offender will substantially comply with the standard conditions of the order, the onus of establishing which is on the offender.

Condition, in combination with the other conditions of the Supervision Order, will ensure adequate protection of the community against the unacceptable risk that the respondent would, if not subject to restriction, commit a serious offence. Present Court is satisfied, on the balance of probabilities, that the Respondent will substantially comply with the standard conditions of the Supervision Order. The outstanding term of the Supervision Order is presently sufficient and that it is not necessary to extend the term.

Tags : SUPERVISION ORDER   RELEASE   CONDITIONS  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved