Recent Cases

Hore v The Queen [2022] HCA 22 (15 June 2022) (Keane, Gordon, Edelman, Steward and Gleeson JJ)


Catchwords:


Criminal law – Sentencing – Indefinite detention – Release on licence – Where s 57 of Sentencing Act 2017 (SA) (“Act”) conferred upon Supreme Court of South Australia discretion to order that persons convicted of certain sexual offences be detained in custody until further order – Where s 59(1a)(a) of Act provided that person detained in custody could not be released on licence unless person satisfied Supreme Court that person capable of controlling and willing to control sexual instincts – Where “willing” not defined in Act – Where s 57(1) of Act provided that, in that section, person regarded as “unwilling” to control sexual instincts if a significant risk that person would, given opportunity to commit relevant offence, fail to exercise appropriate control of person’s sexual instincts – Whether “willing” in s 59(1a)(a) meant converse of “unwilling” in s 57(1) of Act – Whether Supreme Court obliged to reach state of satisfaction required by s 59(1a)(a) by excluding from consideration likely effect of conditions of release on licence upon person’s willingness to exercise appropriate control of sexual instincts.

Words and phrases – “capable”, “conditions of release on licence”, “exercise appropriate control of the person’s sexual instincts”, “ongoing capability and willingness”, “release on licence”, “reliable commitment to control”, “significant risk”, “state of mind”, “unwilling”, “willing”.