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DPP v Italiano [No 2] [2010] WASC 150
heard 8 and 10 June 2010; delivered 10 June 2010

This was the first review of a continuing detention order imposed on a convicted sex offender. These orders can be made even after an offender's sentence has expired.

Blaxell J found that the offender remained a 'serious danger to the community.' However, he exercised a discretion open to him in rescinding the detention order. It was replaced with a continuing supervision order which, while it will result in the offender being released from prison, will require him to "permit police officers to enter and search his residence at any time."



You should not rely on these case notes for any purpose. They contain my views at the time they were written. They do not represent my employer's views, and may be outdated or differ from my current views.