THE STATE OF WESTERN AUSTRALIA -v- UNDERWOOD [No 3] [2025] WASC 543 | Case summary

Supreme Court of WA|2025-12-18|Before: Howard J

For the reasons above, I am satisfied that I should rescind the continuing detention order made by Solomon J on 12 September 2022 and I should make a supervision order on the conditions which I have attached as Annexure A (with the location of the property at which Ms Underwood is to reside supressed).
Following discussions with counsel, both as to the provisions of the Act and the practicalities of preparing for Ms Underwood's release, I will order that the supervision order commence on Monday, 19 January 2026.
Because of the complexity of Ms Underwood's position, I consider it appropriate that the supervision order be for a period of five years from its commencement on 19 January 2026.

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Pursuant to section 68(1)(b) of the High Risk Serious Offenders Act 2020 (WA), the Court, having found that the Respondent is a high risk serious offender within the meaning of section 7(1) of the High Risk Serious Offenders Act 2020 (WA), makes a supervision order in relation to the Respondent, for a period of 5 years from 19 January 2026 on the following conditions:

Report to a Community Corrections Officer (CCO) at the East Perth Adult Community Corrections Centre, 30 Moore Street East Perth Western Australia 6000 within 48 hours of your release as per these orders and advise the officer of your current name and address;

Report to and receive visits from, a CCO as directed by the Court;

Notify a CCO of every change of your name, place of residence, or place of employment at least 2 business days before the change happens;

Be under the supervision of a CCO, which includes, complying with any reasonable direction of the officer (including direction for the purposes of section 31 or 32);

Not leave, or stay out of the State of Western Australia without the permission of a CCO;

Not commit a serious offence during the period of the order;

Be subject to electronic monitoring under section 31;

Take up residence at [suppressed] (not to be disclosed in Court) 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;

Report to a CCO at your approved release address within normal business hours on the day of release from custody under this order;

Disclose to the CCO the name and details of any paid or unpaid employment, education, training or volunteer work in which you intend to commence and not commence until prior approval is issued to you;

Attend all appointments and receive visits from, consult and engage with any medical practitioner, psychiatrist, psychologist, mentor, counsellor, support service and/or support person nominated by a CCO, as directed by a CCO;

Comply with the requirements of all programs designed to address your offending behaviour and/or risk of serious re-offending, as directed by a CCO;

Report to WA Police at times and at locations as directed by a CCO or WA Police;

If requested, permit Police Officers to enter and search your residence and/or vehicle and/or search your person for the purpose of monitoring your compliance with your obligations under this order and allow the seizure of any such items that the Police Officers believe to contravene the conditions of the order;

Remain at your premises and/or vehicle when Police Officers conduct a search of your residence and/or vehicle under Condition 14;

Agree to the exchange of information between persons and agencies involved in the implementation and supervision of this order, including confidential information;

Allow the CCO, WA Police, or other person or agencies approved by the CCO, to interview any associates or potential associates, partners or potential partners and, where appropriate to disclose to them confidential information including your offending history;

Have no contact, directly or indirectly, with the victims of your violent offending, unless such contact is conducted in accordance with agreements made through, or approved by, the Victim-Offender Mediation Unit of the Department of Justice;

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 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;

Report to the CCO and WA Police any direct or indirect contact with the victims of your offending on the next working day you report to the CCO or Police;

Not commit any criminal offence where the maximum penalty for which includes imprisonment, and which involves either violence, threats of violence, or the possession of weapons or offensive instruments;

Not possess, consume or use any prohibited drugs, plants or other substances to which the Misuse of Drugs Act 1981 applies, including, but not limited to, cannabis, unless the drug has been prescribed for you by a person duly authorised under the Medicines and Poisons Act 2014, and your use is in accordance with the instructions of the prescriber;

Be subject to a curfew, pursuant to section 32 of the High Risk Serious Offenders Act 2020, such that you are to remain at and not leave your approved address as directed by a CCO from time to time;

When subject to a curfew under this order, present yourself for inspection at the front door or front yard of your approved address, or speak on the telephone, to any CCO or Police Officer or their agent monitoring your compliance with the curfew;

When subject to a curfew under this order, you must ensure that all those people present in the residence, who may answer the telephone or door, are aware as to your obligations and request their assistance to comply with your obligations by alerting you to such attempts to contact you by persons monitoring your compliance with the curfew;

To engage with mental health services and to obey the instructions of the treating psychiatrist with regard to treatment and medication; including complying with the requirements of the Community Forensic Mental Health Service (CFMHS);

Undertake any medication regime in accordance with a medical practitioner's direction, and comply with all testing to monitor your compliance with that treatment as directed by a CCO;

Permit any medical practitioner, psychologist, psychiatrist or counsellor to disclose details of medical treatment and opinions relating to your level of risk of re-offending and compliance with treatment to the Department of Justice;

Report at your next contact with your CCO, the formation of any social association (of more than 1 contact by any means), domestic, romantic, sexual or otherwise intimate relationship by you with any person;

As directed by your CCO, make full disclosure regarding your past offending and the current order to anyone with whom you commence an ongoing social association (of more than 1 contact by any means), domestic, romantic, sexual or otherwise intimate relationship, which disclosure can be confirmed by a CCO or a Police Officer;

Attend for, and submit to, urinalysis or other testing for alcohol or prohibited drugs as directed by the CCO or by a Police Officer including accompanying such persons to an appropriate location for such testing to take place;

Provide a valid sample pursuant to condition 31;

Not purchase, or possess, or consume or use alcohol;

Not go or remain at any licensed premises with the exception of cafes, restaurants and sporting venues, unless permitted or required to do so for the following reasons:
1. For the purpose of averting or minimising a serious risk of death or injury to yourself or another person;
2. For a purpose, and duration approved in advance by a CCO;
3. On the order of a CCO or Police Officer;

Not remain in the presence of any person who is affected by prohibited substances, or you ought to know are affected by prohibited substances, unless the identity of such person is approved in advance by the CCO;

Not remain in any place where prohibited drugs are being consumed or, if such a place is your approved address, withdraw from that part of the residence in which any such consumption is taking place, or remove the persons consuming prohibited drugs from your residence;

Not to be in possession of any firearm, any ammunition or any offensive or prohibited weapon, replica or dangerous article and not to apply for, acquire or hold a licence to possess any firearm, any ammunition or any offensive or prohibited weapon, replica or dangerous article;

You must not permit any person to enter any residential address in which you reside unless approved in advance by a CCO;

Not to possess, or purchase, or consume, or use solvents or volatile substances, unless approved in advance by a CCO;

You must not assault, threaten, insult or use abusive language to a member of Departmental Staff or an agent providing a service on behalf of the Department of Justice.

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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.

_________________________________ BIANCA MARIE UNDERWOOD

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I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.

[1] The State of Western Australia v Underwood [No 2] [2022] WASC 298 (Underwood [No 2]).

[2] Book of Materials, Volume 1 page 1. I have described references to the Book of Materials by marking the volume in which they can be found, followed by 'BoM' and the page number of the document.

[3] Orders of Forrester J made on 15 May 2023.

[4] This hearing was listed by orders made on 19 June 2025.

[21] The State of Western Australia v Underwood [2022] WASC 1 (Underwood) [17] - [26].

[22] Section 5 of the Act.

[23] Underwood [No 2] [6] - [11].

[24] Respondent's submissions filed 8 December 2025 (Respondent's Submissions) [6].

[25] Dr Petch's Report dated 28 August 2023: 2 BoM page 366 (2023 Psychiatric Report);

[26] Dr Petch's Report dated 17 November 2025: 5 BoM page 611.

[27] 2023 Psychiatric Report: 2 BoM page 366.

[28] 2023 Psychiatric Report: 2 BoM page 332.

[29] Dr Petch's Report dated 16 July 2024 (2024 Addendum Psychiatric Report): 4 BoM page 474.

[30] 2023 Psychiatric Report: 2 BoM page 332.

[31] 2023 Psychiatric Report: 2 BoM page 359.

[32] 2023 Psychiatric Report: 2 BoM page 367.

[33] 2023 Psychiatric Report: 2 BoM page 367.

[34] 2023 Psychiatric Report: 2 BoM page 367.

[35] 2024 Addendum Psychiatric Report: 4 BoM page 475.

[36] 2024 Addendum Psychiatric Report: 4 BoM page 476.

[37] 2023 Psychiatric Report: 2 BoM pages 359 and 367.

[38] 2023 Psychiatric Report: 2 BoM page 359.

[39] 2023 Psychiatric Report: 2 BoM page 368.

[40] 2023 Psychiatric Report: 2 BoM page 369.

[41] 2023 Psychiatric Report: 2 BoM page 357.

[42] 2023 Psychiatric Report: 2 BoM page 369.

[43] 2023 Psychiatric Report: 2 BoM pages 331 and 369.

[44] Dr Petch's Report dated 17 November 2025: 5 BoM page 612.

[45] 2023 Psychiatric Report: 2 BoM page 359.

[46] Dr Petch's Report dated 17 November 2025: 5 BoM page 599.

[47] 2023 Psychiatric Report: 2 BoM page 359.

[48] 2023 Psychiatric Report: 2 BoM page 360.

[49] Dr Petch appended a summary of clozapine, including its side effects to his most recent report: Dr Petch's Report dated 17 November 2025: 5 BoM 596 at page 627.

[50] 2023 Psychiatric Report: 2 BoM pages 360 and 367.

[51] 2023 Psychiatric Report: 2 BoM page 361.

[52] 2023 Psychiatric Report: 2 BoM page 361.

[53] 2023 Psychiatric Report: 2 BoM page 361.

[54] 2023 Psychiatric Report: 2 BoM page 361.

[55] 2023 Psychiatric Report: 2 BoM page 361.

[56] 2023 Psychiatric Report: 2 BoM page 370.

[57] 2023 Psychiatric Report: 2 BoM pages 367 - 377.

[58] Dr Petch's Report dated 17 November 2025: 5 BoM page 596.

[59] State's submissions filed 4 December 2025 (State's Submissions).

[62] 2023 Psychiatric Report: 2 BoM page 328.

[63] 2023 Psychiatric Report: 2 BoM page 328.

[64] 2023 Psychiatric Report: 2 BoM pages 330 - 331.

[65] Dr Petch's Report dated 17 November 2025: 5 BoM page 601; 2023 Psychiatric Report: 2 BoM page 348.

[67] 2023 Psychiatric Report: 2 BoM page 361.

[68] Dr Petch's Report dated 17 November 2025: 5 BoM page 601.

[69] COMU Report dated 21 November 2025: 5 BoM page 644.

[70] 2 BoM page 394; 5 BoM page 630; 5 BoM page 635.

[71] COMU Report dated 14 September 2023: 20 BoM page 397.

[72] COMU Report dated 21 November 2025: 5 BoM pages 647 - 648.

[73] Director of Public Prosecutions (WA) v Williams [2007] WASCA 206; (2007) 35 WAR 297 (Williams) [63] (Wheeler JA); Italiano v The State of Western Australia [2009] WASCA 116 [44], [45], [46] (Buss JA); see also the application of those stated principles to the current Act in The State of Western Australia v Brown [No 11] [2023] WASC 4 (Brown [No 11]) [45] (Derrick J).

[74] See for example Williams [63] ‑ [64] (Wheeler JA); Brown [No 11] [45] (Derrick J).

[75] The State of Western Australia v TJD [No 5] [2020] WASC 421 [44].

[76] The State of Western Australia v Slater [No 5] [2025] WASC 481 [134].

[77] One of these was deleted in discussion with counsel as two of the proposed orders were essentially duplicates.

[80] Dr Petch's Report dated 17 November 2025: 5 BoM page 611.

[81] Ms Underwood will pay a weekly rent with the cost of utilities: COMU report 21 November 2025: 5 BoM page 647.

[82] That analysis formed part of what was tendered at exhibit 6.

[83] COMU Report dated 21 November 2025: 5 BoM page 645.

[85] COMU Report dated 21 November 2025: 5 BoM page 645.

[86] COMU Report dated 21 November 2025 page 646.

[89] FPAT report dated 23 October 2025 [7]: 5 BoM page 590.

[90] FPAT report dated 23 October 2025 [12]: 5 BoM page 591.

[91] FPAT report dated 23 October 2025 [10] and [12]: 5 BoM page 591.

[93] FPAT report dated 23 October 2025: 5 BoM page 594.

[94] 2023 Psychiatric Report: 2 BoM page 349.

[95] Dr Petch's Report dated 17 November 2025: 5 BoM page 624.

[96] Dr Petch's Report dated 17 November 2025: 5 BoM page 625.

Risk Serious Offenders Act 2020

Quinlan CJ summarised Ms Underwood's offending history, and particularly the index offence in The State of Western Australia v Underwood [2022] WASC 1 (Underwood) as follows:

By definition, a supervision order is a 'Restriction Order' and so although s 68(2) of the Act does not expressly denote what the community is to be adequately protected from, in my view it is, at the least, the risk that the offender will commit a serious offence. That, in my view, flows from the purpose, context and words used in the Act.
Because of the multiplicity of Ms Underwood's mental health conditions, I find that, without appropriate medication, she is at risk of committing a serious offence (as defined in the Act), most obviously of violence.
Contributing to the risk of Ms Underwood committing a serious, violent offence, is the risk that she will abuse substances such that she may become non‑compliant with the taking of clozapine.
As has now been stated in numerous cases, the use of the word 'adequate' in s 55(3) of the Act indicates that a qualitative assessment is required and it cannot be assumed that the most preventative action is detention and therefore the protection of the community will always favour such an order.[74]
Hall J, as he then was, in Director of Public Prosecutions (WA) v Griffiths [2015] WASC 393, said:

In The State of Western Australia v TJD [No 5] [2020] WASC 421, Archer J put the oft‑cited principles summarised by Beech J, as he then was, in Director of Public Prosecutions (WA) v DAL [No 2] [2016] WASC 212 [33] into a list as follows (omitting citations):
1. The use of the word 'adequate' indicates that a qualitative assessment is required.
2. In considering whether a supervision order would adequately protect the community, account must be taken of conditions which can be imposed so as to ensure the adequate protection of the community, the rehabilitation of the respondent, and his or her care and treatment.
3. The [DSO Act] does not require that there be no risk of reoffending. Such a requirement could never be met and would mean no person to whom the [DSO Act] applies would ever be released.
4. The question is whether the risk is reduced to a reasonably acceptable level that ensures adequate protection of the community. That requires a weighing of the nature and degree of risk in the context of methods for the management and reduction of that risk.
5. If, after considering all the evidence, the court is left in doubt as to whether the conditions of a supervision order would adequately protect the community, because the paramount consideration is the need to ensure the adequate protection of the community, the court must expressly decline to rescind the continuing detention order.[75]
I have previously confessed to having a little difficulty with the last of these principles as expressed.[76] I do not need to revisit that here.

THE STATE OF WESTERN AUSTRALIA -v- UNDERWOOD [No 3] [2025] WASC 543 (18 December 2025)

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