JPH is a serious sexual offender on a supervision order.  The DPP applied for a detention order (which has the effect of committing an offender to detention in prison for the period of the order). 

Forrest J found that JPH posed an unacceptable risk of committing a sexual offence and the risk would be unacceptable unless a detention order was made.  No less restrictive means were available for managing the risk.

There was no inconsistency between the detention order regime and Charter rights, particurlarly section 21 (liberty and security of person) and section 22 (humane treatment when deprived of liberty).

Wednesday, April 16, 2014