THE STATE OF WESTERN AUSTRALIA -v- ADJ [2026] WASC 224

[2026] WASC 224 Page 1 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA IN CRIMINAL CITATION : THE STATE OF WESTERN AUSTRALIA -v- ADJ [2026] WASC 224 CORAM : WHITBY J HEARD : 29 MAY 2026 DELIVERED : 29 MAY 2026 PUBLISHED : 4 JUNE 2026 FILE NO/S : SO 1 of 2026 BETWEEN : THE STATE OF WESTERN AUSTRALIA Applicant AND ADJ Respondent Catchwords: Criminal law - High risk serious offender - Preliminary hearing - Whether reasonable grounds for belief that restriction order might be made - Interim supervision order appropriate - Turns on own facts Legislation: Community Protection (Offender Reporting) Act 2004 (WA) Criminal Code (WA) Criminal Investigation Act 2006 (WA) High Risk Serious Offenders Act 2020 (WA) -- 1 of 23 -- [2026] WASC 224 Page 2 Result: Interim supervision order made Category: B Representation: Counsel: Applicant : A G Hammond Respondent : S L Duce Solicitors: Applicant : State Solicitor's Office Respondent : SD Criminal Law Case(s) referred to in decision(s): The State of Western Australia v PAS [2020] WASC 405 The State of Western Australia v Winder [2021] WASC 65 -- 2 of 23 -- [2026] WASC 224 WHITBY J Page 3 WHITBY J: Introduction 1 On 25 July 2024, the respondent was sentenced by Barone DCJ in the District Court to a term of 3 years' imprisonment for the following offences: (1) possessed child exploitation material, contrary to s 220 of the Criminal Code (WA) (Criminal Code); (2) procured, encouraged or incited a child under 13 years to do an indecent act, contrary to s 320(5) of the Criminal Code; and (3) indecently record a child under 13 years, contrary to s 320(6) of the Criminal Code. 2 The respondent's release date is 11 June 2026.1 3 On 6 March 2026, the State of Western Australia (State) applied for a restriction order in respect of the respondent under the High Risk Serious Offenders Act 2020 (WA) (Act). The State relies upon the affidavit of Daniel Sean McDonnell affirmed on 6 March 2026 (McDonnell Affidavit), the affidavit of Heather Applin affirmed 21 March 2026 (Applin Affidavit), a digital forensics analysis of Tim Oldfield report dated 20 October 2023, a copy of the District Court transcript on 2 May 2024, and its written submissions dated 23 March 2026 in support of its application. I have considered the evidence and need not set it out in detail. To the extent that it is relevant to the matters I must determine, I will refer to the evidence. 4 This is the preliminary hearing in respect of the State's application. The State submits that the respondent ought be made subject to an interim supervision order under the final determination of the application pursuant to s 58(5) of the Act.2 5 The purpose of a preliminary hearing is for the court to decide whether there are reasonable grounds for believing that the court might find that the respondent is a high risk serious offender. The law in relation to this issue is settled and not in dispute. 6 At the preliminary hearing on 29 May 2026, I indicated that I was satisfied that there are reasonable grounds to believe the court might, in 1 McDonnell Affidavit [13]; Annexure 'B', page 13. 2 State's written submissions dated 23 March 2026 [2]. -- 3 of 23 -- [2026] WASC 224 WHITBY J Page 4 accordance with s 7 of the Act, find that the respondent is a high risk serious offender, and that it is appropriate to release the respondent on an interim supervision order to commence on 11 June 2026. I also ordered that the matter be listed for a final hearing on 11 November 2026, and that appropriate reports be prepared. I advised I would publish reasons for my decision later. These are my reasons. Legal principles 7 Pursuant to s 46(1) of the Act, the primary purpose of the preliminary hearing is to decide whether the court is satisfied that there are reasonable grounds for believing that the court might find that the respondent is a high risk serious offender. 8 A 'high risk serious offender' is a person in relation to whom the court is satisfied, by acceptable and cogent evidence and to a high degree of probability, that it is necessary to make a restriction order in relation to the person in order to ensure adequate protection of the community against an unacceptable risk that the person will commit a serious offence.3 9 A determination that a person is a 'high risk serious offender' requires proof to a high degree of probability. However, at the preliminary hearing stage, the threshold test is lower. At a preliminary hearing, the court does not need to be satisfied that a restriction order will be made. It is sufficient if there are reasonable grounds for believing that an order 'might' be made. To say that something might occur is to say that it is possible. Belief is an inclination of the mind towards assenting to, rather than rejecting, a proposition. In order for such reasonable grounds to exist there must be sufficient facts in existence which induce that state of mind in a reasonable person.4 The evidence 10 The McDonnell Affidavit annexes the respondent's criminal history, transcripts of court appearances, prosecution notices and statements of material facts relating to the respondent's past offending and several reports and assessments in relation to the respondent. 11 Ms Applin, a Senior Community Corrections Officer employed by the Department of Justice, Corrective Services Division and based at 3 Act s 7(1). 4 The State of Western Australia v PAS [2020] WASC 405 [20] - [21] (Allanson J); The State of Western Australia v Winder [2021] WASC 65 [16] (Quinlan CJ). -- 4 of 23 -- [2026] WASC 224 WHITBY J Page 5 the High Risk Serious Offender Unit (HRSO Unit) deposes to the proposed accommodation option available to the respondent if he is released to the community. The respondent's criminal history The index offending 12 The index offending which renders the respondent liable to an order under the Act is:5 (1) one count of possessed child exploitation material contrary to s 220 of the Criminal Code; (2) one count of procured, encouraged or incited a child under 13 years to do an act, contrary to s 320(5) of the Criminal Code; and (3) one count of indecently record a child under 13 years, contrary to s 320(6) of the Criminal Code. 13 The victim was a female aged 7 years old and the respondent was 50 years old and an ex-partner to the victim's mother and visited her on several occasions.6 14 On 24 April 2023, the victim's mother went to bed early and the respondent stayed up, drinking wine, on his laptop. At some stage during the evening the respondent procured the victim to remove all her items of clothing and sit on a chair in the lounge room. The respondent encouraged the victim to spread her legs apart, posing nude and revealing her vagina. The respondent took photographs of the victim posing in this position.7 15 On 5 May 2023, officers from Serious Offender Management Squad (SOMS) attended the respondent's home address and identified a laptop. Officers from SOMS reviewed the laptop and located four photographs of the victim naked, in a posed position.8 16 On 14 May 2023, whilst in Hakea Prison, the respondent contacted two ex-partners requesting they both assist by cleaning his apartment. 5 McDonnell Affidavit [24] - [27]; Annexures 'F' - 'H'. 6 McDonnell Affidavit [26]; Annexure 'G', page 23. 7 McDonnell Affidavit [26]; Annexure 'G', page 24. 8 McDonnell Affidavit [26]; Annexure 'G', page 24. -- 5 of 23 -- [2026] WASC 224 WHITBY J Page 6 The respondent requested them to specifically clean 'under the fridge and dishwasher'.9 17 Both ex-partners attended the respondent's home address and removed a laptop and four USB devices from under the fridge and dishwasher. The respondent subsequently contacted one of his ex-partners to dispose of the devices. The ex-partners disposed of the items at their workplace by placing the USB devices in the bin and the laptop in a box.10 18 Officers from SOMS recovered the items and located two category 1 child exploitation material videos on the laptop and 12 category 1 video files, 9,470 category 1 images, four category 2 video files and 48,941 category 2 images on one of the USB's.11 19 The respondent pleaded guilty on 2 May 2024 in the District Court.12 Other criminal history Serious offences 20 The respondent has been convicted of other serious offences within the meaning of the Act, namely: (1) one count of possessed child exploitation material, contrary to s 220 of the Criminal Code; (2) one count of distributed child exploitation material, contrary to s 219(2) of the Criminal Code; (3) one count of indecently deals with a child over 16 under their authority, contrary to s 322(4) of the Criminal Code; and (4) five counts of sexually penetrated a child over 16 under his authority, contrary to s 322(2) of the Criminal Code. IND 826 of 2016 - possess child exploitation material and distributed child exploitation material 21 On 22 July 2015, the respondent posted 130 child exploitation images to an internet based filed sharing platform. The images posted 9 McDonnell Affidavit [26]; Annexure 'G', page 24. 10 McDonnell Affidavit [26]; Annexure 'G', page 24. 11 McDonnell Affidavit [26]; Annexure 'G', page 25. 12 ts 2 May 2024, pages 4 - 5. -- 6 of 23 -- [2026] WASC 224 WHITBY J Page 7 by the respondent were categorised as 84 images in category 1, 12 images in category 2, 10 images in category 3, 23 images in category 4 and one image in category 5.13 22 As a result of the information received above, the respondent's house was search by the SOMS. During the search an external hard drive was found to contain 18 child exploitation material images. These images were categorised as nine images in category 1, six images in category 2, one image in category 4 and two images in category 5. A laptop was also found to contain one image in category 4 and one video in category 1.14 23 On 28 October 2016, the respondent pleaded guilty and was sentenced by Eaton DCJ to 17 months' imprisonment.15 IND 1372 of 2010 - indecently deals with a child over 16 under their authority, procures a child over 16 under their care to do an indecent act and sexually penetrated a child over 16 under their authority 24 In 2007, the respondent was a 33-year-old male employed as a dance teacher at Penrhos College. The victim was a 16-year-old female student at Penrhos College. The respondent was the victim's teacher and tutored her in the subject of dance.16 25 The victim attended her first class taught by the respondent on 5 February 2007. During the following week, the victim spoke to the respondent during and after class. During one of those conversations the respondent provided the victim with an email address on which to contact him. After initially exchanging emails, they swapped mobile numbers and began contacting each other via phone call and text messages.17 26 The respondent persistently asked the victim to meet him after class. The victim initially refused but finally agreed to meet him. Between 5 February 2007 and 5 April 2007, the victim communicated with the respondent advising him she would meet him in the school carpark after class.18 13 McDonnell Affidavit [29]; Annexure 'J', pages 88 - 89. 14 McDonnell Affidavit [29]; Annexure 'J', page 89. 15 McDonnell Affidavit [30]; Annexure 'K', pages 91, 116. 16 McDonnell Affidavit [32]; Annexure 'M', page 122. 17 McDonnell Affidavit [32]; Annexure 'M', page 122. 18 McDonnell Affidavit [32]; Annexure 'M', page 122. -- 7 of 23 -- [2026] WASC 224 WHITBY J Page 8 27 The respondent waited in his car in the driver's seat with the driver's door open. The victim stood between the respondent and the open door. The respondent ran his hand up the inside of the victim's thigh. On another occasion, the respondent replied to the victim that he would meet her at the car, and she shouldn't wear any underpants. The victim complied and whilst between the respondent and the open door, the respondent ran his hand up the inside of the victim's thigh and pushed his fingers into the victim's vagina for approximately one to two minutes.19 28 This occurred on a further three occasions. During each of these encounters the respondent took the victim's hand and placed it over his erect penis.20 29 Further, between February 2007 and April 2007, the respondent sent the victim a text message asking her to take pictures of her body and send it to him. The victim took a series of digital images of her naked breasts, vagina and of her masturbating using her mobile phone camera and sent them to the respondent. The respondent sent the victim two pictures of his erect penis using his mobile phone.21 30 Between 7 April 2007 and 22 April 2007, the victim was on school holidays. The victim attended a party in South Perth during this time and arranged to meet the respondent at the party. The respondent attended the party, meeting the victim outside. The respondent and victim left the party driving to the respondent's apartment in Spearwood. Whilst on route to the respondent's address, the respondent lent across to the passenger side of the vehicle placing his finger inside the victim's vagina. Whilst this was occurring the victim removed the respondent's erect penis from his pants and rubbed the respondent's penis.22 31 Once the respondent and victim arrived at the respondent's apartment, they began kissing and the respondent performed cunnilingus on the victim's vagina for approximately two minutes. The victim then performed fellatio on the respondent's erect penis for approximately two minutes.23 19 McDonnell Affidavit [32]; Annexure 'M', pages 122 - 123. 20 McDonnell Affidavit [32]; Annexure 'M', page 123 - 124. 21 McDonnell Affidavit [32]; Annexure 'M', page 125. 22 McDonnell Affidavit [32]; Annexure 'M', page 126. 23 McDonnell Affidavit [32]; Annexure 'M', page 127. -- 8 of 23 -- [2026] WASC 224 WHITBY J Page 9 32 The respondent then pushed the victim on her back before pushing his erect penis into the victim's vagina. The respondent and the victim had sex for approximately 20 minutes in various sexual positions. Afterwards the respondent and victim showered together before the respondent drove the victim back to the party in South Perth.24 33 Approximately three weeks later in mid-May 2007, the victim and several friends were at the victim's house. The respondent and victim had arranged for the respondent to meet at the victim's house. At approximately 11.00 pm the respondent attended the victim's house. The victim invited the respondent inside where the victim, the respondent and several friends chatted in a downstairs living room.25 34 After a brief conversation the victim's friends left moving to the upstairs section of the house. Once alone the respondent and victim started kissing and the respondent pushed the victim backwards onto the mattress they were sitting on and inserted his fingers into the victim's vagina. After a short period, the respondent pulled the victim into a sitting position, took his erect penis out of his pants and forced it into the victim's mouth causing the victim to 'gag'.26 35 Not long after, the respondent and the victim undressed, and the respondent pushed the victim onto her back placing his penis inside the victim's vagina. Whilst having sex, the respondent slapped the victim across the face and buttocks, bit her on the chest and neck and used his hands to partially strangle the victim.27 36 On or around 30 May 2007, staff at Penrhos College became aware that the respondent was in a relationship with the victim and the respondent was released from his employment with the school.28 37 In June 2009, the police executed a search warrant on the respondent's home address in relation to another matter. The respondent's computers, peripheral computer equipment and mobile phones were seized. Analysis of one of the respondent's phones identified a picture of the victim. In September 2009, the victim disclosed her relationship with the respondent to an off-duty police officer.29 24 McDonnell Affidavit [32]; Annexure 'M', page 127. 25 McDonnell Affidavit [32]; Annexure 'M', page 128. 26 McDonnell Affidavit [32]; Annexure 'M', page 128. 27 McDonnell Affidavit [32]; Annexure 'M', page 129. 28 McDonnell Affidavit [32]; Annexure 'M', page 129. 29 McDonnell Affidavit [32]; Annexure 'M', page 129. -- 9 of 23 -- [2026] WASC 224 WHITBY J Page 10 38 On 12 November 2010, the respondent pleaded guilty.30 On 1 February 2011, the respondent was sentenced by Martino CJDC to 2 years' imprisonment.31 Further relevant offending 39 The respondent has been convicted of other relevant offences, namely two counts of failing to comply with reporting obligations, contrary to s 63(1) if the Community Protection (Offender Reporting) Act 2004 (WA) between 26 April 2023 and 13 May 2023.32 40 The respondent has been registered on the Australian National Child (Sex) Offender Register (ANCOR) since 8 February 2012. On 23 April 2023, the respondent visited a friend and stayed overnight. The friend's 15-year-old son also lived at the address. During this time the respondent attended Belmont Forum Shopping Centre with the friend's son and without any supervision. The respondent failed to report this unsupervised contact to SOMS within 24 hours.33 41 On 5 May 2023, officers from SOMS attended the respondent's address and conducted a search of his premises. During the search the respondent's laptop was accessed and two email addresses which had not been reported to SOMS by the respondent were discovered.34 42 On 31 July 2024, the respondent pleaded guilty and was sentenced by Magistrate Randazzo to a total fine of $1,750.35 Compliance with court orders 43 The respondent has not had any other breach convictions, other than failing to comply with reporting obligations as outlined above. Conduct in custody 44 In a parole assessment in 2024, the respondent was reported to have not incurred any adverse incidents, loss of privileges or charges during his current term of imprisonment.36 30 McDonnell Affidavit [33]; Annexure 'N', page 131. 31 McDonnell Affidavit [33]; Annexure 'N, pages 166 - 167. 32 McDonnell Affidavit [32]; Annexure 'M', page 122. 33 McDonnell Affidavit [35]; Annexure 'P, page 173. 34 McDonnell Affidavit [35]; Annexure 'P', page 174. 35 McDonnell Affidavit [36]; Annexure 'Q', page 180. 36 McDonnell Affidavit [40]; Annexure 'T', page 201. -- 10 of 23 -- [2026] WASC 224 WHITBY J Page 11 Personal circumstances and background 45 The respondent is now 53 years of age. He was born in Melbourne and moved to Perth when he was four years old. Around the same time his parents separated. His parents had a daughter before him, but she was adopted out. His father had two daughters with a subsequent partner. The respondent does not have a current relationship with his half-sisters. The respondent's father lives in Queensland, and the respondent has occasional contact with him. The respondent's mother lives in Perth, and he has a close and good relationship with her and his current stepfather.37 46 The respondent was diagnosed with dyslexia and dysgraphia at a young age.38 In 2021, the respondent was diagnosed with autism spectrum disorder (ASD).39 Ms Sampson reported in her psychological report dated 19 July 2024 that the respondent has symptoms of post-traumatic stress disorder (PTSD), anxiety and depression.40 47 The respondent attended several primary schools and completed high school at Guildford Grammar.41 He then attended the West Australian Academy of Performing Arts and completed two years of a three-year Diploma of Performing Arts (classical dance). He did not complete the course. He left and attained a qualification in massage therapy at TAFE and completed a business qualification through a private organisation.42 48 The respondent reported that he had never engaged in drug use. He began drinking significantly in his mid-20s to reduce his anxiety. The respondent reports that his mother and stepfather consumed alcohol to excess. The respondent admits to drinking heavily at the time of the index offending. The respondent has never engaged in any treatment programs for his alcohol abuse.43 Reports 49 The respondent has undergone a number of evaluations over the years including psychological assessments, a program report, a presentence report, a parole assessment, a post sentence supervision 37 McDonnell Affidavit [39]; Annexure 'S', pages 191 - 192 [2] - [3]. 38 McDonnell Affidavit [39]; Annexure 'S', page 192 [4]. 39 McDonnell Affidavit [40]; Annexure 'T', page 202. 40 McDonnell Affidavit [39]; Annexure 'S', page 193 [8]. 41 McDonnell Affidavit [42]; Annexure 'U', page 207. 42 McDonnell Affidavit [39]; Annexure 'S', page 192 [4]. 43 McDonnell Affidavit [39]; Annexure 'S', page 193 [7]. -- 11 of 23 -- [2026] WASC 224 WHITBY J Page 12 order report and a sexual offender intensive treatment program completion report. It is not necessary to set out all that is contained in those reports. For the purposes of this application, it is sufficient that I refer to the following matters. 50 Ms Sampson's psychological report dated 19 July 2024 was prepared for the purposes of sentencing the respondent for the index offending. 51 Ms Sampson was of the opinion that the respondent had an enduring deviant sexual interest in children and that his index offending represented an escalation in his offending as the victim was younger and it was a contact offence.44 52 Ms Sampson assessed the respondent's risk of reoffending using the Static 99R and the Risk of Sexual Violence Protocol (RSVP-V2) actuarial tools.45 53 The respondent's risk of reoffending using the Static 99R was assessed as being in the above average category.46 Using the RSVP-V2 tool, Ms Sampson suggested that the respondent's risk may be slightly higher than reflected in the Static 99R.47 54 Ms Sampson reported the main drives for the respondent's offending behaviour appeared to be:48 (1) ASD; (2) low self-esteem; (3) problems sustaining intimate relationships; (4) poor relationship skills; (5) untreated serious mental health challenges; (6) sexual gratification; (7) possible emotional identification with younger females; (8) a deviant and paedophilic sexual interest; 44 McDonnell Affidavit [14]; Annexure 'S', pages 194 [10], 195 [15]. 45 McDonnell Affidavit [39]; Annexure 'S', pages 195 - 196 [17] - [21]. 46 McDonnell Affidavit [39]; Annexure 'S', pages 195 - 196 [17]. 47 McDonnell Affidavit [39]; Annexure 'S', page 196 [18]. 48 McDonnell Affidavit [39]; Annexure 'S', page 195 [16]. -- 12 of 23 -- [2026] WASC 224 WHITBY J Page 13 (9) sex as a negative coping strategy; (10) substance use also as a negative coping strategy; (11) social isolation; (12) poor judgement; (13) sexual preoccupation; (14) poor emotional regulation and stress resilience; and (15) poor consequential thinking skills. 55 At the time of the parole assessment dated 25 October 2024, the respondent has not been treatment assessed during his current term of imprisonment.49 The respondent's release on parole was refused on various grounds, including unmet treatment needs for child sexual offending and victim insight, alcohol abuse and poor consequential thinking. It was also noted that the respondent's proposed parole plan was not dissimilar to his previous parole plans which had ultimately failed to deter him from reoffending.50 56 The respondent was subsequently assessed to determine his treatment needs and it was recommended that he complete the Sexual Offenders Intensive Treatment Program.51 57 The respondent attended the Sex Offending Intensive Program, which he completed on 28 April 2026. The authors of the program completion report dated 12 May 2026 report that the respondent demonstrated an increase in insight across all areas of risk throughout the program and that he produced a thorough risk management plan which demonstrates sound insight into his areas of risk as a well as internal and external management strategies.52 Respondent's proposal on release 58 The respondent has proposed to reside with his mother and stepfather. The respondent's mother's address has been assessed and no issues or concerns relating to the address have been identified.53 49 McDonnell Affidavit [40]; Annexure 'T', page 201. 50 McDonnell Affidavit [40]; Annexure 'T, page 204. 51 McDonnell Affidavit [40]; Annexure 'W', page 217. 52 Sexual Offender Intensive Treatment Program Completion report dated 12 May 2026, pages 6 - 7. 53 Applin Affidavit [5] - [9]. -- 13 of 23 -- [2026] WASC 224 WHITBY J Page 14 59 The State submits it would be open for the court to find that the respondent has access to suitable accommodation at the proposed address.54 Summary of respondent's offending behaviour 60 The respondent has been sentenced on three separate occasions for multiple serious offences. While his offending behaviour has not been the same on each occasion, the common feature is that the respondent has an enduring sexual interest in children. His index offending represented an escalation in his offending, with the victim being significantly younger and he displayed a willingness to act on his paedophilic interest in children by procuring a child to do an indecent act and record that act. The respondent engaged in the index offending not withstanding he had been imprisoned for his previous offences. Are there reasonable grounds for believing that the respondent might be a high risk serious offender? 61 The respondent's antecedents and criminal record, together with the escalation of his offending, leads me to conclude that there is a risk that he may commit further serious sexual offences against children if not subject to a restriction order and therefore, that there is a need to protect members of the community from that risk. The long lasting and profound impacts of such offending are well known. 62 Having regards to all of the material before the court, I am satisfied that there are reasonable grounds for believing that the court might, pursuant to s 7(1) of the Act, find that the respondent is a high risk serious offender. Is an interim detention order or an interim supervision order appropriate? 63 The State submits an interim supervision order should be made on the term proposed until the restriction order application has been determined.55 64 The terms of the interim supervision order are directed to addressing the respondent's risk factors. 54 State's written submissions dated 23 March 2026 [97]. 55 State's written submissions dared 23 March 2026 [104]. -- 14 of 23 -- [2026] WASC 224 WHITBY J Page 15 65 In these circumstances, I consider it appropriate that the respondent be released on an interim supervision order until the restriction order application has been determined. Conclusion 66 I make the following orders: (1) The hearing of the restriction order application pursuant to s 48 of the Act be heard on 11 November 2026. (2) The respondent undergo examinations by two qualified experts, namely one psychiatrist, Dr Gosia Wojnarowska, and one psychologist, Dr Dylan Galloghly, for the purposes of preparing reports as required by s 46(2)(a) and s 74 of the Act that are to be used on the hearing of the restriction order application. (3) The experts named in order 2 are not to include in their reports information or opinions about the respondent based on a communication with a third person unless details of that communication sufficient to identify the person with whom the communication was held, its date and a summary of its content are included in the expert's report. (4) The reports of the experts be provided to the State at least 49 days prior to the hearing of the restriction order application. (5) Any Treatment Options Report authored by the Department of Justice be provided to the State at least 42 days prior to the date of the hearing of the restriction order application. (6) Any Community Supervision Assessment Report authored by the Department of Justice be provided to the State at least 35 days prior to the date of the hearing of the restriction order application. (7) The experts names in order 2 liaise with the Department of Justice as to a Management Plan (if appropriate) for the respondent to be supervised in the community. (8) Pursuant to s 122 of the Criminal Investigation Act 2006 (WA), the experts named in order 2 may be supplied with and may view any audio-visual recordings of interviews with the respondent, or transcripts of the same, for the purpose of preparing their reports. -- 15 of 23 -- [2026] WASC 224 WHITBY J Page 16 (9) At the hearing of the restriction order application, the reports provided by the experts named in order 2 shall stand as the evidence in chief of the experts and no further evidence in chief may be adduced without the leave of the court. (10) With effect from 11 June 2026, and until the proceedings are finally determined, the respondent is to be subject to the conditions in the supervision order attached and marked Annexure 'A'. (11) The application for the interim detention order is adjourned sine die. (12) There be liberty to the parties to apply generally. -- 16 of 23 -- [2026] WASC 224 WHITBY J Page 17 ANNEXURE 'A' With proceedings pending on a restriction order application and the Court being satisfied that, to ensure adequate protection of the community, it is desirable to make an order under section 58 of the High Risk Serious Offenders Act 2020 (WA) (Act), the Court orders that the Respondent be subject to an interim supervision order pursuant to section 58(5) of the Act, from 11 June 2026 until further order of the Court, on the following conditions: You, ADJ, must: STANDARD CONDITIONS REQUIRED BY THE HRSO ACT 1. Report to a Community Corrections Officer (CCO) at the prison at the time of your release and tell the CCO your current name and address; 2. Report to, and receive visits from, a CCO as directed by the Court; 3. Notify a CCO of every change to your name, home address, or place of employment at least 2 days before the change happens; 4. Be under the supervision of a CCO and comply with any reasonable direction given to you by the CCO (including a direction for the purposes of section 31 or 32); 5. Not leave the State of Western Australia without the permission of a CCO; 6. Not commit a serious offence during the period of the Order; 7. Be subject to electronic monitoring under section 31; ADDITIONAL CONDITIONS Residence 8. Live at [redacted] and spend each night there (period can be defined by a CCO). You can only stay at a different address if a CCO tells you that you can beforehand; -- 17 of 23 -- [2026] WASC 224 WHITBY J Page 18 Reporting to a CCO and supervision by a CCO 9. On the day of your release, report to a CCO at the prison, or at a place directed by a CCO, and allow for fitting of electronic monitoring equipment and completion of intake; 10. Be under the supervision of a CCO, and comply with the lawful orders and directions of a CCO, including visits at your address; Employment 11. Do not start or change any paid or unpaid employment, education, training or volunteer work without the prior approval of the CCO; Attendance at programs or treatment 12. Attend and engage in all programs and appointments with any medical practitioner, psychiatrist, psychologist, program facilitator, counsellor, mentor, support service and/or support person, as directed by a CCO; 13. Let any medical practitioner, psychiatrist, psychologist, program facilitator, counsellor, mentor, support service and/or support person tell a CCO about your treatment and their opinions about your level of risk of reoffending; Mental Health 14. Engage with mental health services and to follow the instructions given to you by the treating psychiatrist about treatment and medication; Reporting to WA Police 15. Report to the Officer-in-Charge (OIC) of the Serious Offender Enforcement Squad (SOES) 144 Stirling Street, Perth WA 6000 within 48 hours of this Order starting. Report to, and receive visits from Police as directed by the OIC of the SOES or their delegate; 16. Comply with all obligations imposed on you by the Community Protection (Offender Reporting) Act 2004 (WA); -- 18 of 23 -- [2026] WASC 224 WHITBY J Page 19 17. If requested, let Police Officers enter and search your home and/or vehicle, and/or person for the purpose of monitoring your compliance with your obligations under this Order. Allow Police Officers to seize (take) any items they believe to contravene the conditions of this Order; 18. Remain at your home and/or vehicle when Police Officers are searching your home and/or vehicle under the conditions of this Order; Disclosure/Exchange of information 19. Agree to the exchange of any information about you between people and agencies involved in carrying out this Order, including confidential information; 20. Allow the CCO, WA Police, or other people or agencies approved by the CCO, to speak to anyone you have contact with or may have contact with and, where appropriate, to tell them confidential information about you, including your offending history; Restrictions on contact with victims 21. Unless you have the prior approval of your CCO and the Victim Engagement Unit of the Department of Justice, you must have no contact with the victims of your sexual offending. Contact in this condition means speaking to the victim in person or by phone/internet, making any gestures towards the victim, messaging the victim using electronic devices, or asking someone else to speak to or send a message to the victim; 22. Unless contact with the victim/s is approved as per condition 21, if you see any of the victims, you must immediately leave where you are, without speaking to them or gesturing to them, and you must look away from the victim at all times; 23. Report any direct or indirect contact with the victims, as per condition 21, to the CCO and WA Police within 48 hours of any contact happening; -- 19 of 23 -- [2026] WASC 224 WHITBY J Page 20 Criminal conduct 24. Not commit any criminal offence that can be dealt with by a sentence of imprisonment, and which involves: a) Sexual offences b) Breaches of Restraining Orders c) Breaches of the Community Protection (Offender Reporting) Act 2004 (WA) d) Breaches of the Misuse of Drugs Act 1981 (WA) (for example possessing and using illicit substances); 25. Not assault, threaten, insult or use abusive language to any staff member of the Department of Justice or other agencies performing any function under this Order; Curfew 26. Comply with a curfew, under section 32 of the High Risk Serious Offenders Act 2020 (WA), requiring you to remain at and not leave your approved address, as directed by a CCO; 27. When subject to a curfew under this Order: a) go to the front door or front yard if a CCO or Police Officer or their representative monitoring your curfew asks to see you. b) speak on the telephone, to any CCO or Police Officer or their representative monitoring your curfew, if they call to check you are at home. c) tell all adults at your home who may answer the telephone or door that you are on a curfew and ask them to tell you about attempts by any CCO or Police Officer or their representative monitoring your curfew, to contact you; Associations and relationships 28. Not associate with any person that you know has committed a sexual offence, unless you have the prior approval of a CCO; -- 20 of 23 -- [2026] WASC 224 WHITBY J Page 21 Contact with Children ('Contact' under conditions 29 to 34 means any form of interaction or communication whether by word, gesture, expression or touch and whether in person, in writing, by telephone or electronic means, but does not include the bare minimum of interaction or communication needed to end any uninvited or unintended interaction or communication with a child.) 29. Have no contact with any child under the age of 18, whether in person, in writing, by telephone or by electronic means, unless: a) the contact is approved in advance by the CCO and is supervised at all times by an adult approved in advance by the CCO; or b) the contact is necessary for a commercial transaction and limited to the minimum contact required and another adult is present. 30. If a child under the age of 18 makes contact with you, leave where you are immediately unless the contact is approved under condition 29; 31. Report at your next contact with your CCO and the WA Police, the name, address, location and any other details of any contact you have with a child, under the age of 18; 32. Have no contact with, membership of, or association with any clubs or groups where children are members, unless approved in advance by a CCO. You must cancel such memberships if told to do so by a CCO or Police Officer. 33. Report any social association or relationship (someone you have had contact with more than twice) you have with any person who has or cares for a child under the age of 18 years to both your CCO and the Police the next time you report to them; 34. If directed by your CCO, tell anyone you have a social association or relationship with (someone you have had contact with more than twice) about your past offending and this Order, which can be confirmed by a CCO or a Police Officer; -- 21 of 23 -- [2026] WASC 224 WHITBY J Page 22 Electronic Devices 35. Within 2 days of this Order starting, tell a CCO or Police Officer of every electronic device you possess or use, that can store digital data or information, whether or not it can connect to the internet, including each device's location. You must tell a CCO or Police Officer within 48 hours of using or possessing a new device, including its location; 36. Not let any person, except for a CCO or WA Police Officer, use any electronic device referred to in condition 35 or access any of your online accounts without prior approval of a CCO; 37. Have a password on all electronic devices referred to in condition 35 and all online accounts and do not tell anyone your passwords, except for a CCO or WA Police Officer; 38. If asked to do so by a CCO or a WA Police Officer, let them use any electronic device in your possession or control which can store data, so that they can investigate the device. Tell them all your internet service providers, telephone services, passwords, screen names, usernames and email addresses needed for them to access the device. If any other entity needs to access one of your devices, you must get the prior approval of a CCO; 39. On all electronic devices referred to in condition 35, you must not delete, or otherwise remove and/or disguise, (or cause, or allow to be removed and/or disguised), any data on your devices, including calls, text messages, search histories or logs capable of identifying your activities on that device, without the prior approval of a CCO; 40. Not access online social media (website or applications) unless approved in advance by a CCO. Before accessing a website or application, ask your CCO whether it is considered social media; -- 22 of 23 -- [2026] WASC 224 WHITBY J Page 23 Substance Use 41. Not buy, have or drink alcohol without prior approval of a CCO; 42. Attend for, and submit to, urinalysis or other testing for alcohol as directed by the CCO or by a Police Officer, including going with them to an appropriate place for a sample to be taken; 43. Provide a valid sample under condition 42; 44. Not go to any licensed premises, other than cafes, restaurants and sporting clubs, except for the following reasons: a) avoiding a serious risk of death or injury to yourself or another person; or b) if a CCO or Police Officer gives you prior approval. 45. Not to be with anyone who you know, or should know, is affected by alcohol, unless approved in advance by a CCO; 46. Not be anywhere alcohol is being used or, if alcohol is being used at your home, go to another part of your home, or ask the people using alcohol to leave. I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia. CS Associate to the Hon Justice Whitby 4 JUNE 2026 -- 23 of 23 --