THE STATE OF WESTERN AUSTRALIA -v- WILLIAMS [2023] WASC 283 (28 July 2023)

1. In support of the application, the State relies upon an affidavit affirmed by James Francis Bennett on 21 July 2023, an affidavit of Cassie McNally affirmed on 25 July 2023 as to Mr Williams' proposed accommodation, together with a number of reports prepared by Adult Community Corrections.
2. Mr Williams is now 43 years old. He has a history of substance use issues involving cannabis, solvents, alcohol and amphetamine. Previous reports indicate that he has no formal diagnosis of psychiatric illness, although he has had some history of self-harm and suicidal ideation. These appear to be related to stress and to difficulties with recognising, monitoring and regulating difficult emotions. Mr Williams has a shoulder injury which prevents him from engaging in employment.
3. Mr Williams has a long history of offending commencing from the age of 11. The offending includes burglary, sexual offending, family violence offending, property offences and drug possession. He has convictions for a number of serious offences within the meaning of the Act and is currently serving a term of 7 months imprisonment for his most recent offending.
4. That offence was unlawful assault causing bodily harm, contrary to s 317 of the Criminal Code. That offence is not a scheduled serious offence within the meaning of the Act but was declared to be a serious offence by the magistrate who dealt with Mr Williams on 19 January this year when she made a declaration under s 97A of the Sentencing Act 1995 (WA).
5. That offence occurred on 7 January 2023. The victim was Mr Williams' then partner. The relationship commenced approximately two years prior to Mr Williams having been then most recently imprisoned and recommenced after his release. On the day of the offence, Mr Williams and the victim were walking along a local road after being at a friend's house where they had consumed alcohol. An argument broke out between them and the two of them became physically aggressive. During the altercation, Mr Williams punched the victim once to the left eye, causing bruises and swelling, and pain and discomfort. The offence occurred approximately four weeks after Mr Williams' release from prison for family violence offences against his previous intimate partner.
6. The evidence generally shows a very concerning pattern of offences in the last four years, in particular against intimate partners, that have resulted in relatively short terms of imprisonment. Mr Williams is, as a consequence, the subject of a declaration that he is a Serial Family Violence Offender.
7. No psychological or psychiatric assessment reports have been provided during Mr Williams' current term of imprisonment. During that term of imprisonment, he has not been able to participate in voluntary programs due to the length of the sentence but did participate in a 12 session narcotics program which was due to be completed by the end of April 2023.
8. A parole assessment report from 10 March 2023 reported the following:

Departmental records indicate he attended domestic violence treatment, substance abuse counselling, and psychological counselling while subject to previous community supervision. He [has] also completed 24 sessions of a family violence program with Relationships Australia in 2014. Despite completing programs to address his treatment needs, he has continued to reoffend in a similar manner.

1. The most recent psychological report in relation to Mr Williams was prepared by Mr Bart Wszola on 31 October 2019. That report stated that:

Based on the available information Mr Williams presents with treatment needs in regard to his self, emotional, and relationship management skills which deteriorate further in the context of substance abuse. As such, targeting those areas appears pertinent to moderating his risk of violent reoffending, especially against an intimate partner. At this point in time, Mr Williams can clearly identify methamphetamine abuse as being problematic but needs to better understand how his skills deficits and problematic relationship patterns can also contribute to his relationship issues and violent behaviour.

1. Mr Wszola recommended at that time that Mr Williams participate in programs that target substance abuse related offending and cognitive skill development.

1. I am satisfied on the basis of the material that there are reasonable grounds to believe that a court might find that Mr Williams is a high risk serious offender.
2. Mr Williams has a significant history of violent offending against intimate partners. Mr Williams' most recent offending, for example, was committed against an intimate partner shortly after his release on an earlier term of imprisonment for such offending.
3. While Mr Williams' offending against intimate partners since 2017 has not involved serious offences within the meaning of the Act (other than the most recent which was the subject of a declaration), it nevertheless presents a pattern of offending of a violent nature against intimate partners that needs to be arrested and stopped.
4. While there is a paucity of recent professional assessments of Mr Williams, I am satisfied that the material that is available does place Mr Williams at risk of reoffending, and if his pattern of offending is not stopped, there are reasonable grounds to think that the court might find that he will commit a further serious offence. He clearly requires further intervention both in relation to his use of violence and to keep him away from substance abuse.
5. On the basis of that offending history and his unmet treatment needs, I am satisfied there are reasonable grounds to believe that a court might find that he is a high risk serious offender. I will therefore make orders for the hearing of the restriction order application.
6. I turn then to the interim supervision order.

1. The State submitted that I should make an interim supervision order pursuant to s 58 of the Act. While I am satisfied that I have jurisdiction to do so, in the particular circumstances of this case I am not satisfied that it is necessary or desirable for the protection of the community. I reach that conclusion for the following reasons.
2. Mr Williams upon his release will be subject to a post-sentence supervision order (PSSO) made by the Prisoners Review Board. That order will remain in place until 7 March next year.
3. Under the PSSO, Mr Williams is required to report to a community corrections officer and is required to comply with s 76 of the Sentence Administration Act 2003 (WA), which requires him to comply with all lawful orders or directions of a community corrections officer, to do community corrections activities as the supervisor of a centre determines. He is also required to have no direct or indirect contact with his victims, not to use any illicit drugs, to attend random urinalysis for all illicit substances, not to consume alcohol or enter any licensed premises, to submit to random breath testing as required by police, to attend programs as directed and, importantly, to be subject to electronic monitoring in accordance with s 74G of the Sentence Administration Act 2003 (WA).
4. That last condition - that is, that he be subject to electronic monitoring - is one that is not always imposed under PSSOs, but is one which provides an additional level of supervision in the present case.
5. I am satisfied that on the available material the PSSO and the degree of supervision that it provides is sufficient to meet the needs of community protection at this time.
6. I am also influenced by the fact that Mr Williams has the support of his immediate family, and with that immediate family has pro‑social contacts within the community that should assist in meeting the desired results of the PSSO. In all of the circumstances, I am satisfied that an additional level of supervision pursuant to an interim supervision order under the Act is not required.
7. Nevertheless, I am also satisfied that it is appropriate to monitor Mr Williams' performance on the PSSO. I will therefore adjourn the State's application for an interim supervision order to 29 September 2023. I direct Mr Williams to attend at that application on 29 September 2023. He may so appear by video link and that prior to the resumed hearing on 29 September 2023. I also order that, prior to 29 September 2023, the State file and serve an affidavit annexing a report as to Mr Williams' performance on the PSSO.
8. In the event that his performance is unsatisfactory, it will then be open to the court to impose the additional restrictions that might come from an interim supervision order.

I certify that the preceding paragraphs comprise the reasons for decision of the Supreme Court of Western Australia.

Principal Associate to the Honourable Chief Justice Quinlan

[1] 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).