[2025] WASC 295
General information, not legal advice.
Supreme Court of WA
2025-07-29
Seaward J
Original judgment source is linked above.
Relevant Statutory framework and legal principles
the court dealing with an application under this Act finds that it 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 offender to ensure adequate protection of the community against an unacceptable risk that the offender will commit a serious offence.
(a) any report prepared under section 74 Act for the hearing of the application and the extent to which the offender cooperated in the examination required by that section;
(b) any other medical, psychiatric, psychological, or other assessment relating to the offender;
(c) information indicating whether or not the offender has a propensity to commit serious offences in the future;
(d) whether or not there is any pattern of offending behaviour by the offender;
(e) any efforts by the offender to address the cause or causes of the offender's offending behaviour, including whether the offender has participated in any rehabilitation programme;
(f) whether or not the offender's participation in any rehabilitation programme has had a positive effect on the offender;
(g) the offender's antecedents and criminal record;
(h) the risk that, if the offender were not subject to a restriction order, the offender would commit a serious offence;
(i) the need to protect members of the community from that risk; and
(j) any other relevant matter.
(1) HRSO Treatment Options report of Luke Carmichael, dated 5 February 2025;
(2) psychiatric report of Professor Natalie Pyszora, dated 5 January 2025;
(3) psychological report of Dr Dylan Galloghly, dated 23 January 2025; and
(4) Community Supervision Assessment of Nicole Bennetts, dated 24 February 2025.
(a) Mr Woodman is a serious offender under a custodial sentence;
(b) Mr Woodman is not a serious offender under restriction; and
(c) if Mr Woodman is in custody, there is a possibility that the offender might be released within one year after the date of the application.
(1) is Mr Woodman a high risk serious offender, within the meaning of s 7 of the HRSO Act?; and, if so
(2) should the court make a continuing detention order in relation to Mr Woodman or a supervision order?
Threshold requirements Mr Woodman is a serious offender under a custodial sentence
(6) An offence is a serious offence if court sentencing the offender has declared it to be a serious offence under the Sentencing Act 1995 section 97A.
(a) four counts of assault occasioning bodily harm in circumstances of aggravation, contrary to s 317(1) of the Criminal Code (charges BM 1595/22, BM 1597/22, BM 1599/22 and PE 34550/23);
(b) three counts of common assault in circumstances of aggravation, contrary to s 313(1)(a) of the Criminal Code (charges BM 1601/22, PE 34554/23 and PE 34555/23); and
(c) one count of non-fatal strangulation contrary to s 298(b) of the Criminal Code (charge BM 1596/22),
(d) one count of breaching a police order, contrary to s 61(2a) of the Restraining Orders Act 1997 (RO Act) (charge BM 1602/22);
(e) two counts of being armed or pretending to be armed in a way that may cause fear, contrary to s 68(1) of the Criminal Code (charge BM 1598/22 and PE 34551/23);
(f) one count of making a threat to unlawfully do an act in circumstances of aggravation, contrary to s 338B(1)(b)(ii) (charge PE 34552/23); and
(g) one count of criminal damage, contrary to s 444(1)(b) of the Criminal Code (charge PE 34553/23),
(a) a declaration under s 124E of the Sentencing Act 1995 (WA) (Sentencing Act) that the respondent is a serial family violence offender; and
(b) a declaration under s 97A of the Sentencing Act that the Index Offences were 'serious offences'.
(a) first, under s 97A(2) and s 97A(3), when the court is sentencing an offender to a term of imprisonment for an indictable offence and the offence meets the conditions contained in s 97A(2)(b); and
(b) secondly, and relevantly to Mr Woodman, under s 97A(6), which relates to family violence offences committed by serial family violence offenders.
(a) a court is sentencing an offender to imprisonment for an offence; and
(b) the offence is a 'family violence offence'; and
(c) the offender is a serial family violence offender.
Mr Woodman is not a serious offender under restriction
If Mr Woodman is in custody, there is a possibility that the offender might be released within one year after the date of the application
Reports prepared under s 74 of the HRSO Act, and the extent to which Mr Woodman cooperated in the examination required by that section - s 7(3)(a)
(a) failure to conform to social norms with respect to lawful behaviours as indicated by repeatedly performing acts that are grounds for arrest;
(b) impulsivity and failure to plan ahead;
(c) irritability and aggressiveness, as indicated by repeated physical fights or assaults;
(d) reckless disregard for safety of self or others;
(e) consistent irresponsibly;
(f) lack of remorse, as indicated by being indifferent to or rationalizing having hurt, or mistreated another; and
(g) there was evidence of conduct disorder with onset before age 15 years.
Mr Woodman has an established pattern of serious offending against intimate partners and in 2023 was declared a Serial Family Violence Offender.
In my opinion Mr Woodman would present a high risk of committing a serious offence of intimate partner violence if his risk factors were not managed. Although he also presents a risk of general violence to other males during interpersonal conflict, this is most likely to be involve punches rather than use of weapons and is therefore unlikely to meet the threshold for serious offending within the meaning of s.5 HRSO 2020.
Mr Woodman is most likely to engage in serious violence in the context of an established intimate relationship rather than a casual partner whom he sees on one or two occasions. The violence is likely to involve punching, kicking, and hair grabbing and is likely to involve use of easily accessible weapons such as cutlery or other household items. Use of strangulation to exert ultimate power and control over a victim's life is possible. Assaults would likely be prolonged and involve multiple types of violence. An assault may not be terminated until another party intervenes. Therefore, victim isolation would be a significant risk factor for serious injuries or fatality.
As an aboriginal man from Fitzroy Crossing who identifies strongly with his culture, it is preferable for FDV intervention to incorporate culturally specific aspects, as provided in the NOW program. Mr Woodman will require other rehabilitation and risk reduction strategies including employment and engagement in prosocial supports. He is currently complying with antidepressant medication which he reports has been helpful in treating his PTSD symptoms. Although his PTSD symptoms are not directly related to his FDV risk factors, he should be encouraged to continue with this for as long as it is medically advised for his general mental wellbeing.
Overall, Mr Woodman's risk of committing a serious offence, as outlined in the HRSO Act (2020), was assessed as being in the High range without restrictions. He has a chronic history of intimate partner violence (IPV) despite treatment and restrictions. Primary risk factors relate to substance abuse, intimate relationship problems and personality-related emotional regulation dysfunction. Mr Woodman will need consistent compliance with risk management principles to mitigate his risk of recidivism.
An escalation in violence could see Mr Woodman use a weapon and/or commit severe acts of intimate partner violence (IPV), such as strangulation, which may result in serious injury or even death to a victim. Intoxication is likely to intensify the severity of the violence.
Other medical, psychiatric, psychological, or other assessment relating to the respondent: s 7(3)(b)
Propensity to commit serious offences in the future - s 7(3)(c) and whether or not there is any pattern of offending behaviour - s 7(3)(d)
[Propensity] means that the offender has an inclination or tendency, a disposition to commit serious sexual offences generally, in a particular way, or upon a particular type of victim. The word refers to some identifiable characteristic of the offender, something in his makeup or personality which may or may not be of a quality of a diagnosable mental illness or personality disorder.
Efforts to address offending behaviour and whether or not the participation in any rehabilitation program has had a positive effect - s 7(3)(e) and s 7(3)(f)
The risk that the respondent would commit a serious offence if not subject to a restriction order: s 7(3)(h) and the need to protect members of the community from that risk: s 7(3)(i)
Conclusion as to whether Mr Woodman is a high risk serious offender
Should a continuing detention order or a supervision order be imposed?
ATTACHMENT 1 Chronology of serious and other relevant offences
1 x Common Assault in Circumstances of Aggravation or Racial Aggravation (s 313(1)(a)
The victim was a 40-year-old female who Mr Woodman met in December 2022 and they officially commenced a relationship in March 2023.
Mr Woodman attended the victim's home. When the victim asked him to turn the lights off, as she was trying to sleep, Mr Woodman threatened to damage her home and assault her. He then punched her to the sternum causing pain. He threatened to stab her with a needle and threw items around the house. He left, but returned to the address with his sister and threatened the victim that his sister was going to assault her.
The victim called Police and while doing so, he damaged a security screen.
Declared Serial FV offender & declared a serious offence under s 97A Sentencing Act l995 (WA).
1 x Criminal Damage or Destruction of Property (s 444 Criminal Code)) PE 34553 of 2023
1 x Being Armed or Pretending to be Armed in a way that may Cause Fear (s 68(1) Criminal Code)
1 x Made a Threat to Unlawfully do an Act - Aggravated (s 338B(1)(b)(ii) Criminal Code) PE 34552 of 2023
1 x Common Assault in Circumstances of Aggravation or Racial Aggravation (s 313(1)(a) Criminal Code) PE 34554 of 2023
The victim was a 40-year-old female who Mr Woodman met in December 2022 and they officially commenced a relationship in March 2023.
Mr Woodman was at the victim's home and after becoming angry at another matter, he has punched the victim to the forehead causing pain.
Declared Serial FV offender & declared a serious offence under s 97A
Sentencing Act l995 (WA).
1 x Unlawfully Assault and thereby did Bodily Harm with Circumstances of Aggravation (s 317(1) Criminal Code) PE 34550 of 2023
The victim was a 40-year-old female who Mr Woodman met in December 2022. They officially commenced a relationship in March 2023.
Mr Woodman and the victim were at Mr Woodman's family home and Mr Woodman accused the victim of having sex with another person. Mr Woodman went to a bedroom and the victim followed. Mr Woodman punched the victim multiple times to the right side of her ribs causing pain. She later sought medical attention and a medical assessment identified she had a pneumothorax and required a drain to be placed in her lung.
Declared Serial FV offender & declared a serious offence under s 97A Sentencing Act l995 (WA).
1 x Unlawfully Assault and thereby did Bodily Harm with Circumstances of Aggravation (s 317(1) Criminal Code)
The victim was a 28-year-old female, who had been in a relationship with Mr Woodman for approximately eight weeks at the time.
The victim was at a house with friends. Mr Woodman was bound by a 72-hour Police Order. He went to the back door of the address where he called to the victim, stating he wanted to talk to her. He then tried to enter the address, but the victim refused him entry.
Mr Woodman entered the premises through another unlocked door. Again, the victim told him to leave. The victim left the room and went to the shower to hide. Mr Woodman followed the victim, grabbed her and carried her outside. They became involved in a struggle where the victim fell to the floor before managing to get back to her feet. Mr Woodman produced a pair of scissors and struck the victim to the shoulder causing puncture wounds and bruising. Mr Woodman then ran from the house.
Declared Serial FV offender & declared a serious offence under s 97A
Sentencing Act l995 (WA).
1 x Breach of Police Order (s 61(2a) Restraining Orders Act l997 (WA))
1 x Non-Fatal Strangulation - Impeded another Person's Normal Breathing or Blood Circulation by applying pressure to neck (s 298(b) Criminal Code))
The victim was a 28-year-old female, who had been in a relationship with Mr Woodman for approximately eight weeks at the time.
Mr Woodman pushed the victim against a wall, using a cricket bat, he applied pressure to the neck of the victim which restricted her ability to breathe or yell properly. The victim was able to struggle free.
Mr Woodman then struck the victim to her right shoulder causing her immediate pain and bruising to the area. On the same day, following an argument, Mr Woodman approached the victim from behind with an instrument that looked like an axe.
The victim saw her mother and went up to her asking for a cigarette to get away from Mr Woodman. He continued to follow the victim until he was challenged by a witness to leave her alone.
Declared Serial FV offender & declared a serious offence under s 97A Sentencing Act l995 (WA).
1 x Unlawfully Assault and thereby did Bodily Harm with Circumstances of Aggravation (s 317(1) Criminal Code) BM 1597 of 2022
Declared Serial FV offender & declared a serious offence under s 97A
Sentencing Act l995 (WA).
1 x Being Armed or Pretending to be Armed in a way that may Cause Fear (s 68(1) Criminal Code)
1 x Unlawfully Assault and thereby did Bodily Harm with Circumstances of Aggravation (s 317(1) Criminal Code)
The victim was a 28-year-old female, who had been in a relationship with Mr Woodman for approximately eight weeks at the time.
Following a physical altercation, the victim attempted to hide in the laundry. Mr Woodman found the victim and dragged her from the laundry. Using a fork, he punctured the victim's left leg once causing immediate pain, discomfort and bruising.
Mr Woodman carried the victim into the guest room where she fell asleep from exhaustion and pain. The victim woke in the morning but was unable to leave due to feeling scared of the consequences if she did and the pain in her leg.
Declared Serial FV offender & declared a serious offence under s 97A Sentencing Act l995 (WA).
1 x Common Assault in Circumstances of Aggravation or Racial Aggravation (s 313(1)(a)
The victim was a 28-year-old female, who had been in a relationship with Mr Woodman for approximately eight weeks at the time.
Mr Woodman attended the victim's backyard armed with a knife and axe. Fearing for her safety, the victim went inside and looked the doors. Mr Woodman forcefully broke into the house and the victim ran out the front. Mr Woodman grabbed hold of her and dragged her back inside and punched her.
Declared Serial FV offender & declared a serious offence under s 97A
Sentencing Act l995 (WA).
1 x Common Assault in Circumstances of Aggravation (s 313(1)(a))
The victim was an adult female who was in a relationship with Mr Woodman at the time.
Mr Woodman was involved in a family violence incident, and was issued with a 72-hour Police Order.
Later that evening, Mr Woodman and the victim were walking home after drinking alcohol with family members when he ran away from the victim.
When the victim located Mr Woodman, an argument occurred and Mr Woodman proceeded to assault the victim, ceasing only when two bystanders intervened.
1 x Unlawfully Assault and Thereby Did Bodily Harm in Circumstances of Aggravation (s 317(1)B
The victim was an adult female who was previously in a relationship with Mr Woodman (and with whom he has three children).
Mr Woodman located the victim, whilst she was hiding from him in fear, at a house in Fitzroy Crossing and assaulted her. His actions included lifting her by her hair, punching her in the face, and jumping on and punching her to her head and body.
This resulted in the victim losing consciousness momentarily. He then further assaulted the victim with a wooden draw multiple times, causing cuts to her knee and shin, and then dragged her by her hair towards another house in the community.
After Mr Woodman let go of the victim's hair, she sought safety inside a house, locking the door behind her. Mr Woodman gained access to the house, located the victim, and punched and kicked her in the stomach. Mr Woodman's offending ceased when a third party intervened.
1 x Unlawfully Assault and Thereby Did Bodily Harm in Circumstances of Aggravation (s 317(1)B
The victim was an adult female who had been in a relationship with Mr Woodman since 2016.
Mr Woodman was at an address in Broome with the victim when he assaulted her following another incident. His actions included striking her to various parts of her body with a metal handled broom stick.
After he assaulted the victim, Mr Woodman laid down next to her and went to sleep. The victim received injuries to her ankle, knee and palm.
1 x Common Assault (s 313(1)(a)) Criminal Code (WA))
The victim was an adult female who was previously in a relationship with Mr Woodman (and with whom he has three children).
Whilst being subject to a VRO, Mr Woodman punched the victim to the mouth. She sustained a cut to the inside of her upper lip.
1 x Common Assault in Circumstances of Aggravation (s 313(1)(a)) Criminal Code
The victim was an adult female who was previously in a relationship with Mr Woodman (and with whom he has three children).
Mr Woodman has followed the victim and has thrown a coin towards her.
This coin has struck the victim to the head causing her pain.
1 x Threat to Injure, Endanger or Harm any person (s 338B(b) Criminal Code (WA))
1 x Endanger Life, Health or Safety of a Person (s 304(1)(b) Criminal Code (WA))
The victims were an adult female who was in an intimate relationship with Mr Woodman (the same woman he now has three children with) and an unknown adult male.
Mr Woodman pushed the victim who fell to the ground. Whilst yelling verbal abuse at the victim he was holding a large rock above his head. Witnesses intervened to try and stop him, assuming he would throw the rock at the victim. Mr Woodman then took the victim's handbag and swung it as if he was going to strike her. A witness intervened again telling Mr Woodman to stop, to which Mr Woodman verbally abused him and threatened to assault him. This victim then backed off and Mr Woodman ran off upon Police arrival.
2 x Aggravated Assault occasioning bodily harm (s 317(1)(a) Criminal Code
The victims were an adult female who was in an intimate relationship with Mr Woodman (the woman with whom he now has three children) and one of their children, aged 2 months.
During an argument Mr Woodman has punched a perspex window, causing this to break. He picked up a broom and smashed a second window and one of the fragments from this window struck his mother. Mr Woodman's mother has taken the broom away from him and he has continued arguing with his partner (victim).
He started punching the victim to the side of the head numerous times whilst the victim still had their child to her breast.
The final punch which was aimed at his partner has glanced off her and struck their two-month-old child to the head causing a noticeable depression in the skull. The child started screaming and was placed down on the bed before Mr Woodman's mother has taken the child outside.
Mr Woodman started punching the victim again, striking her three times in the face, and more to the back and arms. An ambulance has been called for the victims; the partner suffered significant swelling and bruising to her face, swelling and severe pain to her right forearm which was potentially fractured, and pain and discomfort to her back and sides.
The child had a depression in his skull, and initial X-rays displayed a depression fracture.
The victim was an adult female who was in an intimate relationship with Mr Woodman (the woman with whom he now has three children).
The victim heard noises outside her mother's residence and has gone to check the yard. Mr Woodman jumped the fence and approached her shouting abuse before punching the victim in the chest.
The victim has turned to walk away from him where he has then punched her to the arm, the victim has pushed him telling him to go and stop hitting her. He again punched the victim in
The victim was a 17-year-old female who was in an intimate relationship with Mr Woodman (the same woman with whom he now has three children).
Mr Woodman dragged the victim off a bed where they were lying and began to kick her numerous times to the torso whilst she was lying on the ground.
The victim attempted to cover up and protect herself, but Mr Woodman began to punch her to the head several times. The assault was witnessed by three young children who heard loud screaming and called Police. The victim was required to attend hospital for medical treatment, and sustained bruising to her legs, knees, torso and behind her ear.
Juvenile Good Behaviour Bond for 6 months; $500 undertaking.
The victim was a 17-year-old female who was in an intimate relationship with Mr Woodman (the woman with whom he now has three children).
Mr Woodman began to throw rocks at the victim but missed her. He then punched her on the cheek and kicked her in the torso. The impact made her fall from her bike and onto the ground.
A member of the victim's family intervention to stop the assault. The victim sustained bruising to her cheek and rib cage.
Juvenile Good Behaviour Bond for 6 months; $750 undertaking.
The victim was a 19-year-old female. Mr Woodman (13 years old) together with two other accused (aged 13 and 12) approached the victim while she was using a public telephone at the Tarunda Shopping Centre at 9:30pm on 14 November 2001.
The three accused attempted to engage the victim in conversation. The victim began to walk home and was followed by the three accused.
Mr Woodman asked if she wanted to have sex with him. He put his arms around the victim's shoulders and tried to kiss her face. As the victim pushed Mr Woodman away, another accused reached out and grabbed her left breast. She knocked his hand away and Mr Woodman grabbed hold of her face and kissed her cheek.
Mr Woodman and another accused surrounded her and grabbed her buttocks, breasts, upper thighs and crotch. One of the accused reached between the victim's legs from behind and pushed his fingers against her shorts. She felt the material of her underwear and shorts pushing up and slightly into the lips of her vagina.
When the victim walked into a brightly lit area, the accused stopped their assault but resumed when she was again in a dimly lit area. All three accused surrounded the victim and grabbed her buttocks. One accused grabbed her from behind in a bear hug and rubbed his ground against her buttocks. She broke free and walked home.
ANNEXURE A SUPERVISION ORDER MADE BY THE HONOURABLE JUSTICE SEAWARD ON 24 JULY 2025
Pursuant to section 48(1)(b) of the High Risk Serious Offenders Act 2020 (WA) (HRSO Act), 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 3 years from 18 August 2025, on the following conditions:
a) for the purpose of avoiding or minimising a serious risk of death or injury to yourself or another person;
>
> b) for a purpose, and duration approved in advance by a CCO or Police Officer; or
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> c) on the order of a CCO or Police Officer;
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 Woodman [2024] WASC 439.
[4] Garlett v The State of Western Australia [2022] HCA 30; (2022) 277 CLR 1.
[5] The State of Western Australia v Clarke [No 2] [2023] WASC 53 [4].
[6] The State of Western Australia v ZSJ [2020] WASC 330 [31].
[7] Garlett v The State of Western Australia [2022] HCA 30; (2022) 277 CLR 1 [73] and [84].
[8] Garlett v The State of Western Australia [2022] HCA 30; (2022) 277 CLR 1 [55] - [56].
[10] The various documents contained in the book being admissible pursuant to s 84(5) of the HRSO Act.
[15] Book of Materials, Vol 1, pages 498 ‑ 504.
[16] Book of Materials, Vol 2, page 700; Book of Materials, Vol 1, page 499.
[21] The State of Western Australia v Nelson [2021] WASC 460 [33].
[22] The State of Western Australia v Nelson [2021] WASC 460 [34].
[23] The State of Western Australia v Hill [No 2] [2024] WASC 70 [30].
[35] Exhibit 2, 791 - 792 [212] - [221].
[36] Exhibit 2, 793 - 794 [227] - [231].
[37] Exhibit 2, 794 - 796 [232] - [242].
[45] Exhibit 2, 798 [258] - [259]; and ts 13.
[47] Exhibit 2, 799 [262] - [263]; and ts 14.
[48] Exhibit 2, 799 [265] - [267]; and ts 14, 20.
[92] Director of Public Prosecutions (WA) v GTR [2008] WASCA 187; (2008) 38 WAR 307 [178].
[93] Director of Public Prosecutions (WA) v GTR [2008] WASCA 187; (2008) 38 WAR 307 [178].
[94] The State of Western Australia v Roffey [No 2] [2024] WASC 220 [80].
(2022) 277 CLR 1
(2008) 38 WAR 307