‘Dangerous’ paedophile jailed indefinitely
A convicted paedophile from a small community in remote Western Australia will remain in jail indefinitely, after a judge ruled there was no way to manage his risk of reoffending if he was freed.
Supreme Court Justice Stephen Hall ruled Darren Harley West, who was convicted of numerous child sex offences that occurred over more than a decade, would remain in custody under the state’s Dangerous Sexual Offenders Act.
West abused numerous children from 1995 to 2005, including one case where he threw a rock at a girl before sexually penetrating her.
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West is from Warburton, 1,500 kilometres north-east of Perth, and proposed to settle in either the Indigenous community, with approximately 450 residents, or Kalgoorlie, if he was freed from jail.
He is currently serving a prison term due to end next May.
West could have been freed had Justice Hall ruled the convicted man’s threat of reoffending could be managed in the community and parole was granted in regards to his existing sentence.
Justice Hall said the circumstances for West if he was allowed to live freely in Warburton or Kalgoorlie would ensure an unacceptably high risk of him reoffending.
“It is clear on the evidence that Mr West remains a serious danger to the community,” he said.
“There are no conditions that could be imposed at present that would reduce the risk to an acceptable level.”
Justice Hall said continued imprisonment was potentially problematic, but Warburton was an unfeasible solution because of the limited police presence and the lack of GPS tracking.
He also said there was no suitable accommodation in Kalgoorlie.
“Mr West has made as much progress as is possible in a prison environment,” he said.
“It may well be that further incarceration will result in him being institutionalised and that gains made to date will be lost.
“That is unfortunate but it cannot justify release on a supervision order if such an order could not adequately protect the community.”
West’s situation will continue to be reviewed annually.