Serial DV Offender Bail Release in WA Sparks Bail System Debate

A domestic violence offender, previously declared a 'serial offender' in WA, has been granted bail again. This is despite laws meant to keep such people in jail unless there's a very good reason.
By Newsroom | Law and Justice, Western Australia |

A serial domestic violence offender, declared as such under WA law, has been released on bail following a charge of breaching his existing bail conditions. This situation arises despite reforms intended to keep such individuals detained unless "exceptional reasons" exist for their release. The decision has drawn criticism, with one report deeming the outcome "breathtakingly bad".

The offender, identified as a serial family violence perpetrator, was charged with a breach of bail. However, a court opted to grant him bail again. This occurrence underscores a perceived disconnect between legislative intent and judicial practice. The existing legal framework in Western Australia allows courts to declare an individual a serial family violence offender if they have committed a minimum of three prescribed offences, or two indictable offences, against partners within a ten-year span. This declaration mandates that such offenders should not be released on bail for subsequent family violence offences, barring truly exceptional circumstances.

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‘Breathtakingly bad’: Serial DV offender charged with breach of bail, only to be released again - 1

Authorities have not publicly disclosed the number of declared serial family violence offenders currently incarcerated or residing within the community. The extent to which these individuals are monitored, for instance, through GPS tracking, also remains a matter of public speculation.

Background on Serial Offender Declarations

The reforms enacted in 2021 introduced the mechanism for declaring individuals as serial family violence offenders. This measure aimed to enhance public safety by imposing stricter bail conditions on repeat offenders within the domestic violence sphere. The intention was to create a safeguard, ensuring that individuals with a documented history of severe violence against partners faced greater scrutiny and a higher threshold for release when re-offending. The current case, however, suggests that this safeguard may not always translate into guaranteed detention.

Frequently Asked Questions

Q: Why was a serial domestic violence offender released on bail in Western Australia?
A serial domestic violence offender in WA was charged with breaching bail but a court decided to grant him bail again. This happened even though new laws aim to keep such offenders in jail unless there are exceptional reasons for their release.
Q: What is a 'serial family violence offender' in Western Australia?
In Western Australia, a person can be called a serial family violence offender if they have committed at least three set offences, or two serious ones, against partners in 10 years. New laws mean they should not get bail for new family violence crimes unless there's a very special reason.
Q: What do the new laws in Western Australia say about serial offenders?
The laws from 2021 say that people declared as serial family violence offenders should not be released on bail for new family violence offences. This is to protect the public. Release is only allowed if there are truly exceptional circumstances.
Q: What does this bail release mean for public safety in WA?
The release of this offender raises questions about whether the bail system and the new laws are working as intended to keep the community safe. It suggests there might be a gap between the law's goals and how courts make decisions.
Q: How many serial offenders are being watched in Western Australia?
It is not publicly known how many people are declared serial family violence offenders and are currently in jail or living in the community. It is also unclear how many of them are being monitored, for example, with GPS tracking.