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Review of sex offender law announced as serial rapist TJD’ charged with breach days after release

Attorney-General Michael Mischin has announced there will be a complete review of the Dangerous Sexual Offenders Act following public backlash over the release of a violent predator last week.
“TJD”, who was fitted with a GPS tracking device and placed under a strict 10-year supervision order, was arrested eight days after he was freed from prison.
WA Supreme Court Commissioner Kevin Sleight released the serial offender, whose was described in psychological assessments as a sexual sadist with psychopathic tendencies, saying the conditions on the order were sufficient to protect the community despite having a “high risk of reoffending”.
Police arrested him this week after he breached his order. He was bailed and is expected to appear in court next week.
The 38-year-old was convicted of attacks against 13 women, including six violent sexual attacks which took place when he was 15-years-old.
In one offence he forced a 17-year-old girl into a toilet block by threatening her with a replica handgun. He then raped her and then stood guard outside while his friend raped her as well.
Mr Mischin said he was concerned by the recent WA Supreme Court decision and had ordered a review into all aspects of the Act to “ensure it meets the community’s expectations of the handling of dangerous sex offenders”.
“The Government’s principal concern is to ensure the community is protected,” he said.
“I have asked my department to conduct the review in close consultation with the Director of Public Prosecutions, WA Police, the Department of Corrective Services and the Commissioner for Victims of Crime and to report back to me within three months.
“If any reforms are required, I will introduce legislation for those reforms in the spring session of Parliament and I would expect the full support of the Opposition in passing this legislation.”
Mr Mischin said matters to be covered by the review will include:
• the process of application for declaration as a DSO to the Supreme Court
• the length of periodic reviews of offenders subject to DSO orders
• the consequences for breaching release conditions, including the granting of bail
• the process and penalties for dealing with breach matters.
The Supreme Court found that the conditions on the order were sufficient to protect the community, despite him having “a high risk of reoffending
Besides having to wear a GPS tracking device, TJD’s conditions also include abiding by a night-time curfew and a ban on unsupervised access to children.
Meanwhile, high-profile lawyer Tom Percy has backed the decision to release TJD from indefinite detention saying the public reaction has been hysterical.
Reflecting on media coverage of the matter, Mr Percy called for calm, saying the decision to release TJD was taken after the most serious consideration.
He said the media and public had only heard a very small portion of the facts of the case, unlike the judiciary.
``The person who had it all in front of them was the judge and the other party with all the facts was the DPP,’’ Mr Percy said.
``The DPP, after consideration of all the reports - all of the extensive material in relation to this matter, which has been prepared over a number of years - came to the view that he should be released.
``I can only assume that the DPP made that after some agonising, and some very serious and mature consideration.’’
Mr Percy said the judge was no way bound by the DPP position, but made his decision after careful consideration, and in the interest of justice and his sworn duty to protect the public.
``There has been a lot of hysteria about this.
``It’s time for people to just settle down a bit.’’
Criminal Lawyers Association of WA president Linda Black said TJD’s alleged breach was as minor as could be imagined and would be determined by a court, not police.
``It seems to me, it’s an example of the system working at its finest,’’ Ms Black told ABC radio.
``He clearly was released under incredibly strict conditions and the moment he so much as breathed the wrong way ... action is taken.
``If it were anyone other than him, it would not be talked about.’’
She too defended Commissioner Sleight.
``The particular judge who released him is not some bleeding heart, incompetent, inexperienced judge,’’ she said.
``This is a man who’s been in the system for a long time - he’s not known for being excessively soft.
``He’s very, very sensible, intelligent and he has a long history of making good decisions.’’
In his judgment, Commissioner Kevin Sleight, who imposed the first indefinite detention order on TJD in 2011, said that he was obliged to adopt “the least restrictive alternative which is compatible with the protection of the public.”
“Of course, it is relevant that Mr TJD had been previously released on a supervision order but almost immediately significantly breached the terms of the order leading to the cancellation,’’ he said.
Commissioner Sleight said he understood TJD was “shattered” by having his first supervised release order revoked and had learned a “salutary lesson” from the breach.
The Director of Public Prosecutions has to apply to the court to cancel a supervision order.
WA opposition leader Mark McGowan said that if he was the attorney-general and knew the offender’s indefinite detention order was coming up for review, he ``would have had words with the DPP about the approach’’.
“`I don’t think that is inappropriate and I think it’s a gross failure and a gross negligence on the part of the attorney-general not to have done so,’’ Mr McGowan said.
TJD breached a previous supervision order in 2012, winding up back in jail after he failed to take anti-libidinal medication and complete his psychological counselling, and also used cannabis.
The 38-year-old has been convicted of attacks against 13 women, including six violent sexual attacks which took place when he was 15-years-old.
In one offence he forced a 17-year-old girl into a toilet block by threatening her with a replica handgun. He then raped her and then stood guard outside while his friend raped her as well.
He was released on the condition that he continue psychotherapy, continue to take anti-libidinal medication, undergo random urinalysis and breath analysis, obey a night-time curfew, have no unsupervised access to children and wear a GPS tracker.


www.perthnow.com.au (20-3-2014)
Emily Moulton/ Calla Wahlquist
http://www.perthnow.com.au/news/western-australia/review-of-sex-offender-law-announced-as-serial-rapist-tjd-charged-with-breach-days-after-release/story-fnhocxo3-1226859295106




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Serial sex offender breaches bail just days after release

One of Western Australia's worst serial sex offenders has breached the bail he was granted just days ago.
There was community outrage after the man, known only as "TJD" was freed from prison by a Supreme Court judge last week despite reservations by the Attorney General.
In a statement released by police, it was confirmed that TJD breached one of his reporting conditions just days into his bail.
"Officers from the Sex Offender Management Squad have been advised by the Department of Corrective Services that the man referred to as TJD has allegedly breached one of his reporting conditions," it read.
Police confirmed the man would be summonsed over the matter and was not arrested.
Last week Radio 6PR was inundated with calls from the public horrified by TJD's release.
Speaking on talkback radio, Attorney General Michael Mischin said he had "an awful lot of sympathy" for those who felt the man was too high a risk to be released into the community,
"I share the community's concerns about this," Mr Mischin said.
"This man has a very bad record."
Mr Mischin said his thoughts were also with the victim's of TJD's crimes who would be suffering because of his release.
"I am very sorry that they are being put through this," he said.
TJD will appear in Perth Magistrates Court at a later date.


www.mandurahmail.com.au (19-3-2014)
http://www.mandurahmail.com.au/story/2161404/serial-sex-offender-breaches-bail-just-days-after-release/


One of WA’s worst sex offenders is released from jail by Supreme Court judge

A sexual sadist with a history of horrific assaults on women dating back to when he was 15 has been released from jail by a Supreme Court judge in Perth.
The inmate, referred to as “TJD’’ for legal reasons, has been released despite being classed as one of WA’s worst sex offenders.
In a decision handed down last week, Commissioner Kevin Sleight revoked an indefinite detention order handed to “TJD’’ in 2011, which came after attacks on 13 women, including seven times when he used a weapon or replica weapon to threaten his victim into submission.
“Great care needs to be taken to ensure that another woman is not the subject of such an attack, which is likely to have long-term and severe psychological consequences,’’ Mr Sleight said.
However, Mr Sleight said he was satisfied “TJD’’ could be released under a strict 10-year supervision order, which will include wearing a GPS tracking device.
He will have to abide to a night-time curfew, and is banned from unsupervised access to children.
“Although Mr TJD is a serious sex offender, the level of supervision, monitoring and treatment is such that the risk factors identified earlier ... are substantially controlled and minimised,’’ Mr Sleight said.
The man’s criminal history began in 1991 when he attacked three women in two days — culminating in a rape of a 17-year-old girl he threatened at gunpoint in a toilet block.
After three more attacks that year, ``TJD’’ was sentenced in Perth Children’s Court to three years detention.
Six weeks after being released, he committed indecent assaults, which led to more prison time.
In 2000, he raped a teenager a knifepoint after abducting her as she walked home from a train station.
And in 2003, he assaulted an 18-year-old woman in a Perth cemetery as she visited her grandmother’s grave.
Having been jailed indefinitely in 2011, “TJD’’ was released on a supervision order in 2012 — which he breached almost immediately.
He failed to take his anti-libidinal medication, failed to complete his psychological counselling and used cannabis, and was again jailed.


www.news.com.au (17-3-2014)
http://www.news.com.au/national/western-australia/one-of-was-worst-sex-offenders-is-released-from-jail-by-supreme-court-judge/story-fnii5thn-1226857332776




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