CRPD/C/16/D/7/2012
custody at Greenough Regional Prison.2 He remained there from March 2003 to 10 January
2012, when he was released on a conditional release order. Taking into account the 17
months he served on remand, the author was detained together with convicted detainees for
10 years and 3 months. Although the maximum period of imprisonment for the offences
with which he was originally charged was 20 years and 7 years respectively, the author
argues that under the general procedure, he would probably have been sentenced to a term
of imprisonment not exceeding 2 to 3 years. 3 Additionally, the time he served in custody
prior to sentencing would have been taken into account in the calculation of his time in
prison.
2.5
In 2009, the Review Board permitted the author overnight stays outside prison,
subject to full supervision. On 3 September 2010, when the author returned from one such
leave, the prison authorities required him to undertake a urine drug screening test. The
initial screen was reported as positive for amphetamine. However, a later gas
chromatograph and mass spectrometry test certified that no illicit drugs were detected.
Despite the contradictory results, the author was charged on 7 October 2010 with using an
illicit drug, and his home leave was suspended. The incident was subject to an independent
inquiry, conducted on behalf of the Premier of Western Australia. As a result, the author’s
home leave was reinstated, but he received no apology or compensation. 4
2.6
On 20 June 2010, a forensic psychologist undertook a further assessment of the
author’s intellectual functioning. He concluded that the author was capable of standing trial
on the condition that he had access to appropriate assistance. The author’s legal
representative therefore sought orders from the District Court of Western Australia to the
effect that the author was fit to plead, and that within 42 days, an indictment or a
discontinuance be presented by the prosecution for the offences with which the author had
originally been charged. The hearing took place on 20 September 2010. The Western
Australian Director of Public Prosecutions advised the Court that he did not intend to
proceed with any further prosecution of the author because: (a) the substantial time he had
already spent in custody far exceeded any reasonable term of imprisonment should he be
convicted of all charges; and (b) there were very limited prospects of securing a conviction
on the charges because of the low quality of the evidence available. The author’s legal
representative pressed his application for an order that the author was fit to plead. On 5
November 2010, the Court dismissed the application on the basis that it did not have
jurisdiction. Formal reasons for the decision were published by the Court, but they have
allegedly been lost or destroyed.5
2.7
On 22 November 2011, the Review Board recommended to the Western Australian
Attorney-General that the author be conditionally released into an accommodation support
service. The Western Australian Governor adopted the recommendation of the Board and
on 10 January 2012 the author was released from custody subject to 10 conditions.6
2
3
4
5
6
A correctional centre administered by the Western Australian Department of Corrective Services.
The author refers to a report of the Western Australian Department of the Attorney General, Court
Services Statistics: Adult Court Records, 2003, according to which, in 2003, the median sentence
imposed upon conviction in the category of offence with which he was charged was 24 months, the
average sentence being 30 months.
A copy of the inquiry report dated 7 June 2011 was provided.
Counsel submits that he was advised of the above by the Registrar’s office, District Court of Western
Australia on 15 March 2012.
The conditions were: (a) to engage in programmes as directed by the supervising officer; (b) not to be
in possession of or use any illicit substance including cannabis; (c) not to consume alcohol; (d) to
undergo regular and random testing for all illicit substances and alcohol as directed by the supervising
officer; (e) not to have any direct or indirect contact with the alleged victims; (f) not to have any
contact with any female children under the age of 16 years unless supervised by an adult previously
3