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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-08-31 Daily Xml
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Wichen, Mr J.

The Hon. B.R. HOOD (15:11): I seek leave to make a brief explanation before addressing a question to the Attorney-General regarding dangerous criminals being released from jail.

Leave granted.

The Hon. B.R. HOOD: As reported in The Advertiser, notorious sex fiend Jacob Arthur Wichen:

…who has a shocking history of targeting older women, was on Friday arrested by police on a Parole Board warrant for breaching two of his licence conditions…

His arrest comes just four months after he was freed on licence by the Supreme Court—despite warnings by Parole Board chief Frances Nelson KC and a psychiatrist that he was 'a significant risk' of reoffending if released into the community…

In February Ms Nelson said the Parole Board had presented three reports to the Supreme Court and 'was of the view that he still represented a significant risk to the community'.

My question to the minister is: given Mr Wichen's previous predatory behaviour, and the Parole Board considering him a significant risk to the community, does the minister believe the Supreme Court has made the wrong decision in releasing Mr Wichen? If so, what is the minister doing to ensure dangerous criminals will not be released in the future?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:13): I thank the honourable member for his question. Certainly, in relation to the release of people who are on indefinite detention under section 57 of the Sentencing Act, we have made significant changes in this area. You find yourself under indefinite detention if a court is satisfied that you are unwilling or unable to control your sexual instincts, but the same test didn't apply to when you can apply for licence and be released from indefinite detention.

In fact, it was in the last session of parliament—despite protests from the government of the day, the Hon. Steven Marshall and Attorney-General the Hon. Vickie Chapman—when the opposition put in legislation that would mean that a court would have to be satisfied that, to be released, an individual was now willing and able to control their sexual instincts. The former Liberal government didn't support the bill. Fortunately, there was enough public pressure that those changes were made, so that the test to get out of indefinite detention for being unwilling or unable to control your sexual instincts includes that you are now willing to do that.

In relation to the particular case that the honourable member mentioned, I think, if I am remembering correctly, that was one of two cases that was appealed all the way up to the High Court some months ago and remitted back to the Supreme Court for consideration. I don't have all the details of every submission that was made in relation to that matter, but I have to say that people who prey on children are dangerous monsters who should feel the full force of the law. If any individual has committed these sorts of acts against children they should spend as long behind bars as possible and that's where I hope anyone who has been proven to commit these acts finds themselves.

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