THE STATE OF WESTERN AUSTRALIA -v- DRAGON [2026] WASC 198

[2026] WASC 198 Page 1 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA IN CRIMINAL CITATION : THE STATE OF WESTERN AUSTRALIA -v- DRAGON [No 5] [2026] WASC 198 CORAM : MCGRATH J HEARD : 30 APRIL 2026 & 21 MAY 2026 DELIVERED : 22 MAY 2026 FILE NO/S : SO 12 of 2021 BETWEEN : THE STATE OF WESTERN AUSTRALIA Applicant AND BRADLEY PEN DRAGON Respondent Catchwords: Criminal law - High risk serious offender - Contravention proceedings - Application under s 53 and s 55(1) of the High Risk Serious Offenders Act 2020 (WA) for rescission of supervision order and making of continuing detention order or amended supervision order - Whether there will be substantial compliance with standard conditions of the supervision order - Need to ensure adequate protection of the community Legislation: High Risk Serious Offenders Act 2020 (WA) s 53, s 55 -- 1 of 24 -- [2026] WASC 198 Page 2 Result: Contravention proven Respondent released on amended Supervision Order Category: B Representation: Counsel: Applicant : Mr B E F Tooker Respondent : Mr D McKenzie Solicitors: Applicant : State Solicitor's Office Respondent : Legal Aid WA Case(s) referred to in decision(s): The State of Western Australia v Dragon [2021] WASC 425 The State of Western Australia v Dragon [No 2] [2022] WASC 189 The State of Western Australia v Dragon [No 3] [2025] WASC 400 The State of Western Australia v Dragon [No 4] [2025] WASC 428 -- 2 of 24 -- [2026] WASC 198 MCGRATH J Page 3 MCGRATH J: 1 The State makes application under s 55 of the High Risk Serious Offenders Act 2020 (WA) (HRSO Act) contending that the respondent has contravened his supervision order. The respondent has accepted that he has contravened the supervision order. 2 I must decide whether the respondent should be detained or whether he may be released subject to an amended supervision order. At the hearing of the application on 30 April 2026 and 21 May 2026, I received evidence from Dr Wynn Owen, Consultant Psychiatrist who expressed the opinion that the risk posed by the respondent may be adequately managed in the community and that it is highly likely that he would comply with the standard conditions of his supervision order. 3 At the final hearing of the application, the State submitted that it was open for the court to find that an amended supervision order would adequately manage the risk of the respondent reoffending. Further, that the court could be satisfied on the balance of the probabilities that the respondent would substantially comply with the standard conditions of the amended supervision order under s 30 of the HRSO Act. The State made that submission on the basis that appropriate conditions are imposed on the amended supervision order. 4 Having assessed the entirety of the evidence, I have decided that whilst the respondent has contravened his supervision order, he may be released into the community subject to an amended supervision order. I am satisfied that the respondent's risk of reoffending may be managed in the community if subject to strict conditions in a supervision order. I am also satisfied on the balance of probabilities that the respondent will substantially comply with the standard conditions of the supervision order. In making that determination, I am mindful that the respondent did not commit a serious offence whilst in the community subject to the supervision order. Further, that the respondent now has appropriate accommodation. 5 The terms of the supervision order that I impose are in accordance with the conditions recommended by the experts who gave evidence at the hearing. Procedural history 6 On 18 October 2021, the State applied for a restriction order under s 48 of the HRSO Act. On 29 November 2021, Quinlan CJ heard the -- 3 of 24 -- [2026] WASC 198 MCGRATH J Page 4 preliminary hearing and determined that there were reasonable grounds for believing that a court might find that the respondent is a high risk serious offender pursuant to s 46(1) of the HRSO Act.1 Quinlan CJ made an interim order pursuant to s 46(2)(c)(i) that the respondent be detained in custody until the final determination of the application. 7 On 24 May 2022, Strk J heard the substantive hearing of the restriction order application. On 31 May 2022, Strk J determined that the respondent was a high risk serious offender and that he should be released on a supervision order.2 Therefore, the respondent commenced living in the community subject to the stringent conditions of the supervision order. 8 Between 7 November 2022 and 27 March 2025, the respondent, whilst subject to the supervision order, was charged with 11 contravention offences contrary to s 80(1) of the HRSO Act. The respondent was convicted in respect to the 11 contravention offences in the Magistrates Court. 9 On 22 September 2025, the State filed an application under s 53 and s 55 of the HRSO Act commencing contravention proceedings. The respondent appeared before the court without legal representation. Accordingly, Strk J adjourned the matter to allow the respondent to obtain legal representation before further directions were made and a date fixed for the substantive hearing of the contravention proceedings.3 Strk J made an order detaining the respondent in custody pending a further hearing on 6 October 2025.4 10 On 6 October 2025, Strk J ordered that the respondent be detained in custody until further order with liberty to apply with the contravention application being adjourned to 5 November 2025.5 The matter was further adjourned 30 April 2026. At the hearings held on 30 April 2026 and 21 May 2026, the respondent was represented by counsel. Relevant legislative provisions 11 Section 53 of the HRSO Act specifies the circumstances in which the applicant may apply for an order under s 55. This includes where an 1 The State of Western Australia v Dragon [2021] WASC 425. 2 The State of Western Australia v Dragon [No 2] [2022] WASC 189. 3 The State of Western Australia v Dragon [No 3] [2025] WASC 400 [15]. 4 The State of Western Australia v Dragon [No 3] [2025] WASC 400. 5 The State of Western Australia v Dragon [No 4] [2025] WASC 428. -- 4 of 24 -- [2026] WASC 198 MCGRATH J Page 5 offender is charged with an offence under s 80(1) of the HRSO Act. It is not in dispute that the respondent falls within the terms of this section. 12 Section 55 of the Act relevantly provides as follows: (1) If, on the hearing of an application under section 53, the court is satisfied on the balance of probabilities that the offender to whom the application relates has contravened or is contravening a condition of a supervision order, the court must – (a) rescind the supervision order and make a continuing detention order in relation to the offender; or (b) except as provided in section 29, make an order amending the conditions of the supervision order, or extending the period for which the offender is to be subject to the supervision order, or both; or (c) except as provided in section 29, make an order affirming the supervision order without amendment or extension. (2) If, on the hearing of an application under section 53, the court is satisfied on the balance of probabilities that the offender to whom the application relates is likely to contravene a condition of a supervision order, the court must – (a) rescind the supervision order and make a continuing detention order in relation to the offender; or (b) except as provided in section 29, make an order – (i) amending the conditions of the supervision order; or (ii) amending the conditions of, and extending the period for which the offender is to be subject to, the supervision order. (3) In deciding which order to make under subsection (1) or (2), the paramount consideration is to be the need to ensure adequate protection of the community. 13 A 'continuing detention order' is, pursuant to s 26(1) of the HRSO Act, an order that 'the offender be detained in custody for an indefinite term for control, care, or treatment'. A 'supervision order' is, pursuant to s 27(1) of the HRSO Act, an order that 'the offender, when not in custody, is to be subject to stated conditions that the court considers -- 5 of 24 -- [2026] WASC 198 MCGRATH J Page 6 appropriate, in accordance with section 30'. If a court makes a supervision order, there are conditions that the court is required to impose (s 30(2) of the HRSO Act) and conditions that may be imposed (s 30(3), s 30(5) and s 30(6) of the HRSO Act). 14 Section 29 of the HRSO Act provides that a court cannot make a supervision order unless it is satisfied, on the balance of probabilities, that the offender will substantially comply with the standard conditions of the order. The onus of proof is on the respondent pursuant to s 29(2) of the HRSO Act. The standard conditions of a supervision order are those set out in s 30(2) of the HRSO Act, and include conditions as to reporting, notification of changes of circumstances, supervision by a Community Corrections officer (CCO), not leaving the State of Western Australia without permission, not committing a serious offence and being subject to electronic monitoring. 15 The words 'will substantially comply with' in s 29(2) of the HRSO Act are identical to those that appeared in provisions of the Dangerous Sexual Offenders Act 2006 (WA) and bear the same meaning. These words should be given their ordinary meaning, consistent with the purposes of the HRSO Act and the general conditions of a supervision order, as well as the overall object of the HRSO Act which is to achieve the adequate protection of the community by appropriate management and mitigation of the unacceptable risk that the offender will commit a serious offence. 16 Even if the Court is satisfied on the balance of probabilities that the offender will substantially comply with the standard conditions set out in s 30(2), this will not necessarily mean that a supervision order should be amended, extended or affirmed. This is because, by reason of s 55(3), the paramount consideration in deciding whether to make an order under s 55(1) is the need to ensure adequate protection of the community. Accordingly, even if the Court is satisfied that an offender will substantially comply with the standard conditions of a supervision order, there may be circumstances in which, despite such a finding, the Court is not satisfied that releasing the offender on a supervision order will ensure adequate protection of the community. The contraventions 17 The contraventions comprise 11 offences of contravening the supervision order contrary to s 80(1) of the HRSO Act. The respondent pleaded guilty to each of the 11 charges in the Magistrates Court and was sentenced. The particularisation of the charges are as follows. -- 6 of 24 -- [2026] WASC 198 MCGRATH J Page 7 Charges PE 48854 - 48855 of 2022 18 On 29 October 2022, the respondent contravened two requirements of his supervision order by failing to comply with his projected movements approved by his CCO and by failing to record satisfactorily all the stops he had taken on his journey as required in his daily diary of movements, activities and associations. On 17 November 2022, upon a plea of guilty, the respondent was sentenced to a $1,500 global fine. Charge PE 50159 of 2022 19 On 12 November 2022, the respondent contravened a requirement of the supervision order by failing to record satisfactorily an interaction he had with a man and a bus journey he took, as required in his daily diary of movements, activities and associations. On 17 November 2022, upon a plea of guilty, the respondent was sentenced to a $1,500 global fine (with the charges above). Charges PE 7484 - 7485 of 2023 20 On 7 February 2023, the respondent contravened two requirements of the supervision order by collecting items from residential bins and failing to record a conversation he had with a man as required in his daily diary of movements, activities and associations. On 10 February 2023, upon a plea of guilty, the respondent was sentenced to a $1,200 global fine. Charge PE 22542 of 2023 21 On 3 May 2023, the respondent contravened a requirement of the supervision order by collecting items from verge collection rubbish piles. On 4 May 2023, upon a plea of guilty, the respondent was sentenced to a $1,500 fine. Charge PE 53142 of 2023 22 On 26 October 2023, the respondent contravened a requirement of the supervision order by copying a cover of a DVD which depicted images of children. On 20 November 2023, upon a plea of guilty, the respondent was sentenced to a $500 fine suspended for six months. Charge PE 53120 of 2024 23 On 3 April 2024, the respondent contravened a requirement of the supervision order by making donations to a children's charity. -- 7 of 24 -- [2026] WASC 198 MCGRATH J Page 8 On 18 June 2025, upon a finding of guilty at trial, the respondent was sentenced to a $1,200 fine. By reason of his conviction, the respondent was also resentenced in relation to PE 53142 of 2023 to a $500 fine. Charge PE 24374 of 2024 24 On 29 April 2024, the respondent contravened a requirement of the supervision order by possessing a booklet which contained photographs of children. On 3 September 2025, the respondent was convicted after trial and was sentenced to a $300 fine. Charge PE 4510 of 2025 25 On 20 January 2025, the respondent contravened a requirement of the supervision order by possessing a book which contained images of naked adolescent models. On 21 January 2025, upon a plea of guilty, the respondent was sentenced to a $2,000 fine. Charge PE 19797 of 2025 26 Between 11 March 2025 and 26 March 2025, the respondent contravened a requirement of the supervision order by possessing two Blu-ray movies which contained images of children both in the movies and on the cover of the discs. On 17 September 2025, the respondent was convicted after trial and sentenced to a $1,000 fine. Time spent in custody whilst on supervision order 27 The respondent has spent the following periods remanded in custody since he was released subject to the supervision order: (a) from 24 June 2022 to 6 July 2022 (13 days); (b) from 15 November 2022 to 17 November 2022 (3 days); (c) from 26 October 2023 to 20 November 2023 (26 days); (d) from 30 April 2024 to 4 November 2024 (189 days); (e) from 21 January 2025 to 14 February 2025 (25 days); (f) from 15 February 2025 to 5 March 2025 (19 days); and (g) from 1 April 2025 to 17 September 2025 (170 days). -- 8 of 24 -- [2026] WASC 198 MCGRATH J Page 9 The evidence 28 In The State of Western Australia v Dragon [No 2],6 Strk J outlined the respondent's family and social history,7 employment and education history,8 alcohol and substance use history,9 criminal history,10 and prison behaviour history.11 I have read Strk J's judgment and the material to which her Honour refers. It is not necessary that I reproduce that material or provide an extended summary. I need only refer to the following salient findings of Strk J. 29 Strk J stated that the respondent has a propensity to commit sexual offences against children, particularly young females, both by accessing child exploitation material and by 'contact' offending. Further, the respondent has significant unmet treatment needs and the risk that he poses to the community of sexual offending is high and is unacceptable. The risk he poses to the community of violent offending, though, is moderate to high and is also unacceptable. 30 Strk J outlined that Dr Wynn Owen diagnosed the respondent with paedophilic disorder (non-exclusive type), and antisocial personality disorder (with additional narcissistic and schizoid personality traits). The experts agreed that the respondent required long-term individual therapeutic intervention. 31 Strk J determined that having weighed all the evidence, she was satisfied that the risk presented by releasing the respondent on a supervision order can be reduced or guarded against to a level that is reasonably acceptable and will ensure the adequate protection of the community. Therefore, Strk J stated that the imposition of comprehensive conditions, which contemplate very close supervision and psychological intervention, can reduce the risk posed by the respondent to a level that will allow him to be released on a supervision order. Further, Strk J stated that she was satisfied on the balance of probabilities that the respondent would substantially comply with the standard conditions specified in the HRSO Act. The additional conditions imposed by Strk J would provide adequate protection to the community. Strk J stated that the duration of the supervision order should be 10 years. 6 The State of Western Australia v Dragon [No 2] [2022] WASC 400. 7 The State of Western Australia v Dragon [No 2] [2022] WASC 400 [40] - [44]. 8 The State of Western Australia v Dragon [No 2] [2022] WASC 189 [45] - [46]. 9 The State of Western Australia v Dragon [No 2] [2022] WASC 189 [47]. 10 The State of Western Australia v Dragon [No 2] [2022] WASC 189 [48] - [68]. 11 The State of Western Australia v Dragon [No 2] [2022] WASC 189 [69] - [73]. -- 9 of 24 -- [2026] WASC 198 MCGRATH J Page 10 The evidence received at hearing 32 At the hearing on 30 April 2026, the State tendered two volumes of the Book of Materials.12 I received reports from Dr Wynn Owen, Consultant Psychiatrist, dated 1 May 2022 and 30 March 2026 respectively. I received reports from Ms Jones, Senior Community Corrections Officer, dated 26 February 2026 and an updated report dated 8 April 2026. I also received a report from Ms Selby, Forensic Psychologist, addressing the respondent's treatment progress, dated 13 March 2026. 33 Dr Wynn Owen, Ms Selby and Ms Jones gave evidence at the hearing. Dr Wynn Owen 34 Dr Wynn Owen in his report, expressed the opinion that on the basis of the review of the materials, clinical interview and the utilisation of risk assessment tools including Static-99R and RSVP that the respondent presents a high risk of committing a future serious offence if not subject to a restriction order. The most likely serious offence that the respondent will commit will be the possession of child exploitation material. The respondent also presents a moderate risk of future serious violent offending. Further, the presence of psychopathy is a significant factor elevating the risk of future sexual and violent offending, sexual deviance contributing significantly to a risk of future sexual offending.13 35 Dr Wynn Owen stated that whilst the respondent did not adhere to all the conditions of the supervision order, he did not commit a new serious offence and that the supervision order, in his opinion, contributed to a significant reduction in risk to the community.14 The respondent has treatment needs in the areas of sexual deviance, stress and coping, problem-solving, emotional and behavioural self-management, self-awareness and interpersonal communication and relationships.15 36 Dr Wynn Owen stated that it is clear from the treating psychologist and treatment progress reports that the respondent's 'victim stance', oppositional interactive style and ongoing antagonistic 12 Exhibit 1, Book of Materials. 13 Exhibit 1, Book of Materials, Report of Dr Wynn Owen dated 30 March 2026, page 897 [81]. 14 ts 247 (30/04/2026); Exhibit 1, Book of Materials, Report of Dr Wynn Owen dated 30 March 2026 [79]. 15 Exhibit 1, Book of Materials, Report of Dr Wynn Owen dated 30 March 2026, page 897 [79]. -- 10 of 24 -- [2026] WASC 198 MCGRATH J Page 11 interaction with supervising staff negatively impacted the effectiveness of treatment intervention. Accordingly, the respondent's progress and treatment since his release in 2022 has been minimal and his treatment needs have not been addressed and he has not demonstrated any change in capacity to cope, problem solve, manage stress or self-manage risk. Significantly, Dr Wynn Owen states that the respondent's interactive style and attitudes towards authority, which reflect his personality style and characteristics, will remain a barrier to treatment progress.16 37 During his oral testimony, Dr Wynn Owen stated that the risk posed by the respondent may be managed in the community if he is subject to specific conditions in a supervision order. Further, Dr Wynn Owen stated there should be a staged reduction in respect to the extent and application of the conditions.17 Dr Wynn Owen stated that a consolidation of the conditions would permit the respondent to demonstrate self-regulation of his own behaviour whilst being carefully monitored with oversight by a community corrections officer.18 Dr Wynn Owen stated that a plan for a staged reduction must be programmed with a risk assessment being taken at every step.19 38 Dr Wynn Owen stated that the amended supervision order should be five years in duration.20 39 In respect to complying with the conditions of the supervision order, Dr Wynn Owen stated that in his opinion it is highly likely that the respondent would comply with the conditions of the supervision order.21 Dr Wynn Owen stated that whilst the respondent may engage in challenging behaviour with his CCO by scrutinising the conditions, such behaviour is to be anticipated. However, the respondent's open critiquing of the conditions will not detract from the conclusion that it is highly likely he will comply with all conditions and directions even if he forms the opinion that they are unreasonable.22 That is due to a characteristic of his personality being that he is a person who is highly critical constantly of information received, however and by whomever it is delivered.23 16 Exhibit 1, Book of Materials, Report of Dr Wynn Owen dated 30 March 2026, page 896 [77]. 17 ts 270 (30/04/2026). 18 ts 250 (30/04/2026). 19 ts 270 (30/04/2026). 20 ts 268 (30/04/2026). 21 ts 246 (30/04/2026). 22 ts 246 - 247 (30/04/2026). 23 ts 246 (30/04/2026). -- 11 of 24 -- [2026] WASC 198 MCGRATH J Page 12 40 In respect to the conditions, Dr Wynn Owen stated that he has been consulted in respect to the conditions of a proposed draft amended supervision order prepared by Departmental officers. (Version 1 of the proposed draft amended supervision order).24 During his testimony, Dr Wynn Owen expressed his agreement in respect to the proposed conditions and that the terms of the supervision order are most appropriate in his opinion.25 The proposed conditions are in accordance with Dr Wynn Owen's testimony that there should be a consolidation of the conditions. 41 During the hearing on 30 April 2026, a second version of a draft amended supervision order prepared by the State Solicitor's Office was considered by Dr Wynn Owen (Version 2 of the proposed draft amended supervision order).26 Version 2 of the proposed draft amended supervision order has three additional conditions being Conditions 29, 30 and 31. In subsequent drafts of the proposed amended supervision order the respective conditions were numbered 27, 28 and 29. I will refer to the three proposed conditions as Conditions 27, 28 and 29. Condition 27 provides that the respondent is 'not to attend concerts, events or venues frequented by children under 18 years, without prior approval of a CCO.' Condition 28 prohibits remaining in any child focused areas such as the children's section of any department store, unless there is a reasonable excuse to do so and Condition 29 concerns not possessing, whilst in a public place, any item capable of enticing a child. Dr Wynn Owen stated that the further proposed Conditions 27, 28 and 29 in Version 2 of the proposed draft amended supervision order were not necessary.27 42 At the hearing on 21 May 2026, a third and fourth version of the proposed draft amended supervision order was subject to submissions. Conditions 27, 28 and 29 form part of the third and fourth proposed amended supervision orders. Ms Selby 43 Ms Selby stated that since the most recent HRSO review hearing on 31 May 2022, the respondent has engaged in 60 individual psychological counselling sessions.28 The respondent's responsivity issues, namely his combative and argumentative interpersonal style and 24 Exhibit 2, Version 1 of draft amended supervision order. 25 Exhibit 2, Version 1 of draft amended supervision order. 26 Exhibit 3, Version 2 of draft amended supervision order. 27 ts 262 (30/04/2026). 28 Exhibit 1, Book of Materials, Report of Ms Selby, page 873. -- 12 of 24 -- [2026] WASC 198 MCGRATH J Page 13 his pervasive perception of himself as a victim of widespread persecution, presented significant barriers to his meaningful engagement in the sessions.29 Moreover, Ms Selby stated the ongoing contravention issues, including periods of remand in custody and medication changes, had an impact on his clinical presentation which in turn affects the continuity of his treatment.30 44 Ms Selby stated that, in general, the respondent's self-report during a current assessment suggested that he had made no positive treatment gains. The respondent was able to broadly articulate the content of his sessions with the psychologist but his recollection of this was overshadowed by his perseveration of his perceived grievances. Ms Selby stated that the respondent continues to present himself as the victim of a 'corrupt and morally bankrupt society, which included his supervisory and risk management teams'.31 Ms Selby stated that it is likely that the respondent's self-perception that he is a persecuted individual has become entrenched and a central feature of his identity and, accordingly, he has now demonstrated no insight into how this may impact his treatment and management. 45 Ms Selby stated that the respondent's descriptions of his prior sexual offending behaviour and intervention sessions addressing that conduct suggest that his attitudes and beliefs supportive of sexual offending against children has not changed. To the contrary, the respondent has adopted concepts and language used in intervention to fit his existing world view and reinforce cognitive distortions that permit his offending behaviour and broader attitudes. 46 The respondent presented with little insight into his behaviour, his risk or aspects of his treatment and management that he could control to foster more favourable outcomes. 47 Ms Selby stated if the respondent is re-released on a supervision order, it is recommended that case management engagement support of his transition back into the community is prioritised. It is necessary that the respondent understands and complies with the supervision order and is supported to find meaningful pro-social interests and leisure pursuits.32 29 Exhibit 1, Book of Materials, Report of Ms Selby, page 878. 30 Exhibit 1, Book of Materials, Report of Ms Selby, page 878. 31 Exhibit 1, Book of Materials, Report of Ms Selby, page 878. 32 Exhibit 1, Book of Materials, Report of Ms Selby, page 879. -- 13 of 24 -- [2026] WASC 198 MCGRATH J Page 14 48 In conclusion, Ms Selby stated that the respondent's treatment needs remain unaddressed, and his risk management strategies are extremely limited.33 49 Ms Selby, during her testimony, stated that she would defer to Dr Wynn Owen in respect to the proposed conditions of the supervision order.34 Ms Jones 50 Ms Jones stated that accommodation has been located for the respondent, however the lodgement of a bond is required.35 Ms Jones stated that at the time of completing her report dated 8 April 2026, the respondent had not completed the process including making payment of the bond. Ms Jones stated that she had made multiple attempts to engage custodial staff at the prison to support the respondent in discussing available options to facilitate the payment of the bond. 51 At the hearing on 21 May 2026, counsel for the State confirmed that advice had now been received from the Department that accommodation is available and the bond has now been lodged. The accommodation has been assessed as suitable. 52 In respect to the proposed supervision order, Ms Jones stated that the proposed conditions were developed in consultation with Dr Wynn Owen who supported a graduated approach to community management, allowing for increased autonomy within a structured and closely monitored framework. 53 Ms Jones noted that Dr Wynn Owen did not support maintaining a total prohibition on accessing adult pornographic material. Dr Wynn Owen expressed the opinion that the respondent should not be precluded from accessing adult-based pornography and that such access may assist in conditioning non-deviant sexual gratification. Dr Wynn Owen also expressed the opinion that it was not necessary to have a condition that the respondent does not have possession of an item capable of constituting an enticement to children for the reason that this has not been a risk identified.36 33 Exhibit 1, Book of Materials, Report of Ms Selby, page 879. 34 ts 279 (30/04/2026). 35 ts 285 (30/04/2026). 36 ts 261 (30/04/2026). -- 14 of 24 -- [2026] WASC 198 MCGRATH J Page 15 54 Ms Jones confirmed that over the five year duration of the supervision order the CCO can engage in a gradual relaxation of certain conditions subject to the opinion and guidance of expert opinion and so long as the respondent was progressing and not demonstrating any elevation in risk.37 Assessment of contraventions 55 Given that the respondent has contravened the conditions of his present supervision order, I must determine whether the supervision order should be rescinded and a continuing detention order made, or whether the respondent should be permitted to remain on the supervision order either in its present terms or on amended terms. In deciding this question, the paramount consideration is the need to ensure adequate protection of the community. 56 I am unable to release the respondent on a supervision order unless the respondent satisfies me on the balance of probabilities that he will substantially comply with the standard conditions of the supervision order. 57 In this case, the State has submitted that it is open for the respondent to continue in the community subject to an amended supervision order. I agree with that submission, given that it is wholly consistent with the expert testimony and the entire evidence received at the hearing. 58 I am satisfied that on the balance of probabilities the respondent will substantially comply with the standard conditions of the supervision order. In making that determination, I am mindful that the respondent did not commit a serious offence whilst in the community subject to his supervision order. Further, the expert testimony is supportive of the finding that the respondent would substantially comply with the standard conditions of the supervision order. Dr Wynn Owen expressed the opinion that the supervision order has been protective. 59 Being satisfied that the respondent would substantially comply with the standard conditions, I must determine whether to affirm or amend the supervision order or rescind the supervision order and make a continuing detention order. 37 ts 289 (30/04/2026). -- 15 of 24 -- [2026] WASC 198 MCGRATH J Page 16 60 The State has submitted that the respondent may be released subject to amendments outlined in the proposed amended supervision order. 61 I am satisfied that the submission of the State was properly made. The evidence establishes that the respondent's risk may be adequately managed in the community. Dr Wynn Owen expressed the opinion that the risk may be managed in the community if the respondent is subject to the conditions of the amended supervision order. 62 Accordingly, the respondent will be released into the community subject to the amended supervision order. 63 The amended supervision order is attached and marked as Annexure A. I have decided that it is necessary that proposed Conditions 27, 28 and 29 form part of the amended supervision order. I have decided that the respondent may have access to an electronic device subject to strict surveillance. The permitting of the use of an electronic device with conditions is in accordance with the opinion of Dr Wynn Owen. However, after careful reflection, I am not satisfied that proposed Conditions 27, 28 and 29 should be relaxed. I accept the submission of counsel for the State. The contraventions show the continuing risk with the respondent. The protection of the community requires the conditions at this time. If the respondent does not contravene and meets all requirements of the amended supervision order, the CCO will permit, so long as there is full disclosure, for the respondent to attend concerts and events. Further, it is open for a person, subject to the HRSO Act to make application to vary the conditions in the future. 64 I do not propose to amend the term of the supervision order made by Strk J being 10 years commencing on 21 June 2022. Therefore, the respondent will be subject to the amended supervision order until 20 June 2032. -- 16 of 24 -- [2026] WASC 198 MCGRATH J Page 17 ANNEXURE A SUPERVISION ORDER MADE BY THE HON JUSTICE STRK ON 31 MAY 2022 AMENDED BY THE HON JUSTICE MCGRATH ON 22 MAY 2026 Pursuant to section 55(1)(b) of the High Risk Serious Offenders Act 2020 (WA) (HRSO Act), the Court, having found that the Respondent has contravened a condition of a supervision order made by Justice Strk on 31 May 2022, amends the conditions (but not the period) of the supervision order in relation to the Respondent, as follows: You, BRADLEY PEN DRAGON, must: STANDARD CONDITIONS REQUIRED BY THE HRSO ACT 1. Report to a Community Corrections Officer (CCO) at the East Perth Adult Community Corrections Centre, 30 Moore Street, East Perth, Western Australia within 48 hours of the Order being issued and advise the CCO of your current name and address. 2. Report to, and receive visits from, a CCO, as directed by a CCO. 3. Notify a CCO of every change of your name, place of residence, or place of employment at least two business days before the change happens. 4. Be under the supervision of a CCO, which includes, comply with any reasonable direction of the CCO (including a direction for the purposes of section 31 or 32 of the HRSO Act). 5. Not leave, or stay out of, 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 of the HRSO Act. -- 17 of 24 -- [2026] WASC 198 MCGRATH J Page 18 ADDITIONAL CONDITIONS Residence 8. Reside at [redacted] and spend each night at that address or at a different address only if such different address is approved in advance by a CCO assigned to you. Reporting to a CCO and supervision by a CCO 9. Report to a CCO at the prison on the day of your release and allow for fitting of electronic monitoring equipment and completion of intake. Employment 10. Not commence or change paid or unpaid employment, volunteer work, education, or training without the prior approval of a CCO. Attendance at programs or treatment 11. Attend all appointments and receive visits from any medical practitioner, psychiatrist, psychologist, counsellor, support service and/or support person nominated by a CCO, as directed by a CCO. 12. In consultation with a medical practitioner, and if you consent, undergo medication treatment including anti-depressant medication and anti-libidinal medication; and comply with all testing to monitor your compliance with that treatment, as reasonably 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. Reporting to WA Police 14. Report to the Officer-in-Charge (OIC) of the Serious Offender Enforcement Squad (SOES), 144 Stirling Street, Perth Western Australia 6000 or other location within 48 hours of this Order starting. Report to, and receive visits from, WA Police as directed by the OIC of the SOES or their delegate. -- 18 of 24 -- [2026] WASC 198 MCGRATH J Page 19 15. If requested, permit police officers to enter your residence and search your person, residence and/or vehicle for the purpose of monitoring your compliance with your obligations under this Order and allow the seizure of any item/s that the police officers believe to contravene the conditions of the Order. 16. Remain at your premises and/or vehicle when police officers conduct a search of your residence and/or vehicle under the provisions of the HRSO Act. 17. When requested, advise a CCO or WA Police of the names of all your internet service providers, all mobile or landline telephone services used by you and all screen names, usernames and email addresses used by you. Further authorise police officers from the WA Police to access any cloud-based platforms or services associated with the devices you use, and examine the internet accounts at any time for the purposes of monitoring your online behaviour (absent any investigation for an offence). Disclosure/Exchange of Information 18. Agree to the exchange of information between persons and agencies involved in the implementation and supervision of this Order, including confidential information. 19. Allow a CCO, WA Police, or other person or agency approved by a CCO, to interview any associates or potential associates and, where appropriate, to disclose to them confidential information including your offending history. Restrictions on contact with victims 20. Have no contact, directly or indirectly, with the victims of your sexual and violent offending, unless such contact is conducted in accordance with agreements made through, or approved by, the Victim Engagement Unit of the Department of Justice. 21. Unless contact with victims is permitted pursuant to the previous condition, you must immediately physically withdraw from any situation or immediate location in which contact is made with any victim of your sexual or violent offending (including being in the immediate presence of any victim), without engaging in conversation with any victim whether by word or gesture, and must avert your gaze from such victims at all times. -- 19 of 24 -- [2026] WASC 198 MCGRATH J Page 20 22. Report to a CCO and WA Police any direct or indirect contact with the victims of your offending on the next occasion you report to a CCO and WA Police. Criminal conduct 23. Not commit any criminal offence that can be dealt with by a sentence of imprisonment, and being an offence of the following type: a. Chapter XXXI of the Criminal Code (sexual offences); b. Chapter XXV of the Criminal Code (child exploitation material); c. An offence involving the use of violence, or the threat of violence; d. An offence involving the possession of weapons or offensive instruments; and e. A breach of the Community Protection (Offender Reporting) Act 2004 (WA). 24. Not assault, insult or threaten any officer of the Department of Justice or other agencies performing any function under this Order. Prevention of high-risk situations 25. Maintain a daily diary of your movements, activities and associations if and as directed by a CCO and present this diary to a CCO and police officers upon request. 26. Not associate with any person known by you to have committed a sexual offence unless such association is authorised in advance by a CCO. 27. Not to attend concerts, events or venues frequented by children under 18 years, without prior approval of a CCO. 28. Not to remain in any child focused area (such as the children's section of any Department store) where children congregate, unless you have a reasonable excuse. 29. Whilst in any public place or in view of a public place, not be in possession of any animate or inanimate item capable of constituting an enticement to children, unless such possession is for a legitimate purpose and approved in advance by a CCO. -- 20 of 24 -- [2026] WASC 198 MCGRATH J Page 21 30. Have no contact with any child under the age of 18 years unless: a. the contact is authorised in advance by a CCO and such contact is supervised at all times by an adult approved in advance by a CCO; or b. the contact is necessary to complete a commercial transaction and limited to the minimum contact required to complete the transaction, and another adult is present. ('Contact' under this condition and the following two conditions means any form of interaction or communication whether by word, gesture, expression or touch and whether in person, in writing, by telephonic or electronic means, but does not include the bare minimum of interaction or communication necessary between an adult and child to promptly and civilly terminate any inadvertent or uninvited interaction or communication). 31. Where any unsupervised contact with a child under the age of 18 years is initiated by the child, unless the contact is permitted under the condition immediately above, you must withdraw immediately from the presence of the child. 32. Provide the name, address, location and any details known by you, of any contact with a child under the age of 18 years both to your CCO and to the WA Police on the next occasion you report to that person or agency. 33. Report at your next contact with your CCO, the formation of any social association (of more than one contact by any means), domestic, romantic, sexual or otherwise intimate relationship by you with any person. 34. As directed by your CCO, make full disclosure regarding your past offending and the current order to anyone with whom you commence a domestic, romantic, sexual or otherwise intimate relationship, which disclosure can be confirmed by a CCO or a police officer. 35. Not to form any domestic relationship with a person who has children under the age of 18 years in their care either full time or part time, without prior CCO approval. 36. Not enter any residential address without prior CCO approval. -- 21 of 24 -- [2026] WASC 198 MCGRATH J Page 22 37. Have no contact with, membership of, or association with any clubs or groups where children are members, unless approved in advance by a CCO. Electronic devices and the internet 38. Advise a CCO or police officer of every electronic device you possess or use that can store digital data, whether or not it is capable of being connected to the internet, and the location of that device within 48 hours of purchasing, using, or possessing a new device. 39. Not allow any person other than a CCO or police officer access to any electronic device referred to in Condition 38, without prior approval of a CCO. 40. Have a password on all electronic devices referred to in Condition 38 and all online accounts and not tell anyone your passwords except a CCO or police officer. 41. On all electronic devices referred to in Condition 38, 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. 42. Not access the internet on any computer, telecommunication or other device capable of internet access, unless such access is approved by a CCO. Specifically, you are not to possess or use a smartphone, unless permission is granted by a CCO following assessment and approval by the Risk Assessment Team of the High Risk Serious Offender Unit. 43. Not access the internet for, nor collect or be in possession of, in either electronic or permanent form, images of children, including drawings or sketches, whether indecent or not. Possession of such images depicting a child or children on items such as on household items does not constitute a breach of this Condition. -- 22 of 24 -- [2026] WASC 198 MCGRATH J Page 23 44. Not access the internet for, nor collect or be in possession of any document, paper, or any other medium used for displaying words, either in the written or printed form that describes sexual activity with a child and/or children. 45. Not to access Facebook, Instagram, Tik Tok, Snapchat and other online social media or application software program, unless approved in advance by a CCO. 46. Not possess, access, or use any encrypted application including, but not limited to WhatsApp, Wickr, Snapchat and Signal. 47. Not enter or remain at any location where internet services are provided to the public, including, but not limited to, any internet cafe, public library or backpacker hostel, without the approval in advance of a CCO. THIS ORDER EXPIRES ON 20 JUNE 2032 _________________________________ THE HON JUSTICE MCGRATH I have received a copy of this Order. I have had it explained to me and understand the effect of this Order and what may happen if I contravene it. I understand and acknowledge WA Police will use passwords or tokens located within my devices to access any cloud-based platforms and services and that a password may not be required. By authorising this I understand and acknowledge a police officer from the WA Police may change the password(s) to these accounts so I will no longer have access. Signed by the Respondent _________________________________ BRADLEY PEN DRAGON -- 23 of 24 -- [2026] WASC 198 MCGRATH J Page 24 I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia. CEM Associate to the Hon Justice McGrath 22 MAY 2026 -- 24 of 24 --