Michael Alexander McGarry

Posted: August 20, 2012 by Serendipity in Classed as a Dangerous Sex Offender, paedophile, Photo, Western Australia

 

UPDATED:  SEPTEMBER 2016

http://www.abc.net.au/news/2016-09-23/paedophile-michael-mcgarry-refused-parole/7872002

Paedophile Michael McGarry refused release after sentence review

Posted yesterday at 1:00pm

A notorious WA paedophile will remain behind bars for at least another two years after a Supreme Court judge refused to authorise his release.

Michael Alexander McGarry was declared a dangerous sex offender in 2009 because of his history of offending against girls aged between eight and 14.

He abused one of his six victims when he tracked her down after seeing her photograph on the front page of a community newspaper.

McGarry was released on a supervision order in 2009, but was taken back into custody not long after for breaching its conditions by trying to contact one of his victims, and attending a fast food outlet where children were present.

McGarry has been taking anti-libidinal medication but at his last review concerns were raised about a fluctuation in his testosterone levels.

The court was told McGarry still had a sexual interest in pre-pubescent girls and was considered a high risk of reoffending.

His planned accommodation was in a residential area and within two kilometres of schools and childcare centres.

McGarry’s case had been reviewed annually but because of recent changes to the Dangerous Sex Offender laws, he will now not be reviewed for another two years.

 

UPDATED:  MARCH 2016

http://www.abc.net.au/news/2016-03-11/paedophile-refused-release-from-jail-over-gps-issue/7241072

Serial paedophile Michael McGarry refused release from jail over GPS issue

Posted yesterday at 4:55pm

A serial paedophile in Western Australia will not be released because his GPS tracking device will not work in the area where he wants to live.

Michael Alexander McGarry was declared a dangerous sex offender in 2009 because of his long history of offending against young girls.

He was released on a strict supervision order shortly after, but returned to custody days later for breaching its conditions.

His latest annual review in the Supreme Court heard McGarry is now taking anti-libidinal medication.

Psychologists and psychiatrists said he is again suitable for release on a supervision order that includes a condition for electronic monitoring.

However, the Supreme Court heard today the property where he proposed to live was tested, and the GPS equipment did not work properly.

Justice Stephen Hall said while it was “frustrating” for McGarry, the “paramount” concern was the safety of the public.

McGarry will have another review in 12 months.

 

UPDATED: DECEMBER 2014

http://www.abc.net.au/news/2014-12-22/michael-mcgarry-release-order-hearing/5983830

Notorious paedophile Michael McGarry at high risk of reoffending, court told

By Joanna Menagh

Mon 22 Dec 2014, 4:49pm

A notorious WA paedophile is still at a high risk of reoffending and should not be released from jail, the Supreme Court has been told.

Michael Alexander McGarry was before the court to determine whether he should be kept behind bars or released into the community under a strict supervision order.

The annual review is part of WA’s strict dangerous sex offender laws.

McGarry was declared a dangerous sex offender in 2009 because of his long history of offending against young girls.

He was released shortly after the declaration under a strict supervision order.

Days later he was returned to custody after breaching the terms of the release order, by coming into contact with one of his victims and attending a fast food outlet where children were present.

Each annual review since then has resulted in an order for the continuing detention of McGarry for “control, care or treatment”.

At a hearing today, Katrin Robinson from the Office of the Director of Public Prosecutions said it was again the state’s position that McGarry should stay behind bars.

The state considered that McGarry “remains a serious danger … and his risk cannot be adequately managed in the community”, Ms Robinson said.

She said McGarry had not started taking anti-libidinal medication and did not have suitable accommodation available if he was released.

The court heard McGarry had undergone “intensive psychological counselling” whilst in prison, but Ms Robinson said McGarry had made only “limited treatment gains”.

Consultant psychiatrist Gosia Wojnarowska assessed McGarry for the review and testified his “risk of reoffending is still high” although she said there “appears to have been some progress”.

That included McGarry agreeing to recommence taking anti-libidinal medication, which was stopped on medical advice because of the side effects.

“I do think it would be very important for Mr McGarry to start the anti-libidinal treatment before he is released,” Dr Wojnarowska said.

The court heard McGarry had been assessed to determine his suitability to recommence the treatment, however the state was still waiting on a report from the doctor who examined him.

McGarry was present in court for the hearing, which has been adjourned until next month.

 

UPDATE: Dec 2013

The Supreme Court reviewed his ongoing detention under WA’s dangerous sex offender laws

& deemed him to still be a serious danger to the community & has denied his release.

 

http://au.news.yahoo.com/thewest/a/-/newshome/14601473/paedophile-fighting-for-release/

Paedophile fighting for release

Amanda Banks, Legal Affairs Editor, The West Australian August 20, 2012, 2:08 pm

A notorious paedophile and dangerous sex offender who wants to be released into the community on supervision recently reduced his dose of anti-libidinal medication to half the standard amount, the Supreme Court was told this morning.

Michael Alexander McGarry, who is facing a court review into his ongoing detention since he completed his latest jail term for sex offences against children, has conceded he continues to pose a serious danger but is arguing he can be released on an order with conditions that will adequately protect the community.

McGarry’s release is being opposed by the State, which says a continuing detention order should remain in force because the evidence indicated that McGarry had not yet reached the stage where where his danger to the community and the risk of him re-offending could be adequately managed by stringent conditions.

McGarry, who has turned 50 while in jail, sparked heated community debate in 2009 when the Supreme Court granted his release on 52 conditions, including a curfew, a ban on his contact with children and a limit on access to shopping centres.

He was arrested within 10 days of his release for breaches of two conditions, which included meeting one of his victims.

He was then sentenced to a further 18-month jail term for fresh charges relating to historic offences against children in 1994 and 2003.

This is his first annual review, which is required under legislation, since completing the jail term.

Today, State prosecutor Bruno Fiannaca told the court that extra information received this morning raised concerns that McGarry’ dose of anti-libidinal medication had recently been reduced.

This was because of concerns about adverse side-effects from taking the medication, which a psychiatrist told the court could include osteoporosis.

Two psychiatrists told the court that McGarry should continue his anti-libidinal medication because it was an important part of his management.

The hearing before Justice Stephen Hall, which is scheduled for two days, continues.

 

http://www.perthnow.com.au/news/western-australia/row-erupts-of-release-hearing-for-notorious-sex-offender-michael-alexander-mcgarry/story-e6frg13u-1226059046012

Sex offender Michael McGarry loses bid for early release review

  • Phil Hickey
  • From: PerthNow
  • May 19, 2011 1:20PM

SERIAL sex offender Michael McGarry has failed in his bid to have his indefinite term of detention reviewed this year.

Michael Alexander McGarry applied to the Supreme Court to have his ongoing detention under WA’s dangerous sex offender laws reviewed this August.

But the State Director of Public Prosecutions argued the review should not take place until August next year, a year after his earliest possible release date.

Mr McGarry committed sex offences against women and girls in the mid-1980s and completed a five-year jail term in January 2009.

He was sent back to prison just days after being released for breaching strict orders which were imposed on him when he was freed from jail.

He was sentenced to an additional 18-months prison last year for two previous sex offences committed against children in the 1990s and in 2003.

This morning Justice John McKechnie ruled the first annual review of Mr McGarry’s ongoing detention would be held on a date after August 4 2012.

Mr McGarry’s lawyer David McKenzie had argued that when the continuing detention order was handed down in September 2009, Mr McGarry was not serving a term of imprisonment and therefore was not in custody.

Justice McKechnie rejected the argument.

“There is a distinct difference between in custody and imprisonment,” Justice McKechnie said.

“A person may be detained in custody for many purposes. A person who was arrested by police is in lawful custody.

“The Dangerous Sex Offenders (DSO) Act itself provides another example as illustrated in this case.”

 

http://au.news.yahoo.com/thewest/a/-/wa/9101282/paedophile-fights-for-jail-term-review/

Paedophile fights for jail term review

AMANDA BANKS, The West Australian March 30, 2011, 10:35 am

Notorious paedophile Michael Alexander McGarry is embroiled in a legal stoush with State prosecutors over when his indefinite jail term for predatory behaviour against children should be reviewed by the Supreme Court.

McGarry, 49, wants the Supreme Court to review his ongoing detention under the State’s dangerous sex offender laws in August this year, 12 months before prosecutors say his case should be reconsidered.

McGarry’s case sparked heated community debate when the Supreme Court granted his release in August 2009 on a supervision order which included 52 conditions, including a curfew, limited access to shopping centres and a ban on contact with children.

He was arrested less than 10 days after his release for breaching two of the conditions, which included meeting one of his victims four days after he was allowed to return to the community.

In February last year, McGarry was sentenced to a further 18 months jail for two historic sex offences committed against children in 1994 and 2003. The offences came to light after his supervised release was granted.

In the Supreme Court this morning, prosecutor Tom Scutt said McGarry’s indefinite detention should not be reviewed until August next year. Mr Scutt said the order would only become due for a review a year after his earliest release date on the additional jail term imposed in February.

But defence lawyer David McKenzie said McGarry argued that the review should be conducted in August this year.

Justice John McKechnie said the question would need to be resolved by the court and adjourned the case until May.

 

http://www.abc.net.au/news/stories/2010/02/04/2810678.htm?site=perth&section=news

Repeat child sex offender pleads guilty to more charges

Posted February 4, 2010 20:00:00

The District Court in Perth has heard the details of recently laid charges against the repeat child sex offender, Michael Alexander McGarry.

He has pleaded guilty to two charges of indecently dealing with a girl dating back to 1994 and 2003.

The charges were laid last year after McGarry was put back behind bars for breaching the conditions of his release from jail.

The Supreme Court later ruled he should be held in custody indefinitely.

McGarry will be sentenced on Friday.

 

http://www.news.com.au/perthnow/story/0,21598,26335575-2761,00.html

Sex offender Michael McGarry sentencing delayed

Article from: PerthNow

Todd Cardy, court reporter

November 10, 2009 09:00pm

REPEAT sex offender Michael McGarry – freed from jail for one week in August – will be sentenced for breaking his strict release conditions next year.

McGarry, 47, who has been declared a Dangerous Sex Offender by the WA Supreme Court, was released from prison on August 17 on 52 strict conditions following a successful appeal.

But within days police say he broke two of those conditions by meeting with a past victim and going to a shopping centre on a weekend without permission where he harassed a woman.

He has since pleaded guilty to the first count of disobeying a court order by visiting the past victim but not guilty to the second.

While in custody he has pleaded guilty to two new counts of indecent dealing with a child, offences which the court was told occurred “some time ago’’.

He is now serving another indefinite jail term.

McGarry today appeared in Supreme Court via video link from Hakea jail where prosecutor Dave Dempster asked for an adjournment on the sentencing of the release breaches until February next year.

Mr Dempster said the hearing should be delayed until after McGarry was sentenced on the two new indecent dealing charges in January which had also been adjourned to wait for new psychiatric reports.

Mr McGarry’s lawyer David McKenzie agreed to the adjournment, telling the court a “resolution’’ was likely to be reached on the second contested breach charge.

 

http://www.theaustralian.news.com.au/story/0,25197,26119343-26103,00.html

Notorious paedophile jailed indefinitely

September 24, 2009

Article from:  The Sunday Times

SERIAL sex offender Michael McGarry will be held in prison indefinitely after being declared a Dangerous Sex Offender.

In the Supreme Court in Perth, Justice Lindy Jenkins today ruled that McGarry, 47, who she released in August on 52 strict conditions, be returned to prison and held indefinitely, PerthNow reports.

Justice Jenkins said in her findings that despite the alleged breaches of McGarry’s release not being further sex crimes, they were still a serious matter.

“Now that I am statisfied that Mr McGarry has not complied with those constraints and is likely not to comply with them all in the future, I conclude that there is an unacceptable risk that, if I don’t make a continuing detention order, Mr McGarry will commit a serious sexual offence.”

McGarry, who appeared from Hakea prison via video link, showed no apparent emotion at Justice Jenkins’ ruling.

Last week it was revealed that McGarry visited one of his past victims days after he was released from jail last month.

And it has also been revealed that the notorious sex offender pleaded guilty on last Thursday to two new counts of indecent dealings with a child, offences which occurred “some years ago”.

Last Friday the Supreme Court was told that McGarry confessed to meeting one of his many victims – a direct violation of one of the 52 strict conditions imposed when he was freed from jail.

Details of the breach were revealed after parts of the suppression order were lifted in the WA Supreme Court.

McGarry has admitted he visited the victim on August 21 – five days after he was freed from jail.

 

http://www.watoday.com.au/wa-news/mcgarry-admits-new-sex-assault-charges-20090918-fuvj.html

McGarry admits new sex assault charges

JOSEPH SAPIENZA

September 19, 2009

Serial sex offender Michael McGarry has admitted to two new charges of indecent dealing with a child, dating back several years.

The charges were revealed in the Perth Supreme Court as prosecutors argued the sex predator should be jailed indefinitely for breaching the strict conditions of his controversial release from jail last month.

A suppression order on the details of McGarry’s breach was lifted yesterday.

The 48-year-old admitted to visiting one of his victims in a southern suburb of Perth on August 21, but has denied he broke a second condition by going to an Armadale shopping centre the next day without permission.

McGarry appeared in Armadale Magistrates Court on August 26 over the breaches and was taken into custody at Hakea Prison – more than a week after his early release from jail.

He was originally released on August 17, but was bound by 52 strict conditions imposed on him by Supreme Court Justice Lindy Jenkins.

Yesterday, Justice Jenkins heard submissions from prosecutors to jail McGarry indefinitely following the two breaches of his conditional release.

Prosecutor Dave Dempster told the court that along with McGarry’s admission that he contacted a victim, there was a ”likelihood” that McGarry could disobey other conditions in the future.

He said no additional conditions on the order would help.

Mr Dempster revealed McGarry would be sentenced in the Perth District Court in November for the new indecent dealing charges.

McGarry’s lawyer David McKenzie argued the breach to which McGarry pleaded guilty was “relatively light” and he told Justice Jenkins she could be satisfied McGarry did not pose a “serious threat” to the community.

At an earlier court appearance, he said his client had gone to the shopping centre on August 22 to buy bedding items, and he suggested the supervision order could be amended in order to protect the community.

The hearing continues.

 

http://www.news.com.au/perthnow/story/0,21598,26048791-948,00.html

Sex offender Michael McGarry admits breaching one release condition

Article from: PerthNow

Todd Cardy, court reporter

September 09, 2009 11:20am

REPEAT sex offender Michael McGarry has confessed to breaking one of his strict supervision orders within days of being free from jail.

But McGarry, 47, has denied the second charge of disobeying another of the 52 strict conditions imposed on his release.

Details of the alleged breaches have been suppressed but they do not involve further sex crimes.

McGarry was arrested eight days after he was released from jail on August 17 when Justice Lindy Jenkins found he was a dangerous sex offender but allowed his release, which was granted subject to 52 strict conditions.

Police charged him with breaching two of these conditions and prosecutors have asked the court to again indefinitely keep McGarry behind bars under the Dangerous Sex Offenders legislation.

Today McGarry entered one plea of not guilty and one of guilty to the two charges in a short hearing before the Stirling Gardens Magistrates Court.

The case will now be heard before the Supreme Court on September 18.

 

http://www.abc.net.au/news/stories/2009/09/09/2681079.htm

McGarry admits breaching release order

Posted Wed Sep 9, 2009 2:33pm AEST
Updated Wed Sep 9, 2009 3:04pm AEST

Serial sex offender Michael McGarry has pleaded guilty in a Perth court to breaching one of the conditions of his release from prison.

The 48-year-old was released last month but found himself back behind bars 10 days later over allegations he had breached two of the conditions imposed on him by the Supreme Court.

Today, McGarry admitted breaching one of the conditions but he pleaded not guilty to a second charge.

Details of the breaches cannot be released because they have been suppressed by the court.

McGarry was remanded in custody until later this month when he will go back before a Supreme Court judge to determine whether he should be jailed indefinitely.

 

http://www.dailytelegraph.com.au/news/national/sex-predator-michael-mcgarry-released-to-secret-location/story-e6freuzr-1225763112134

Sex predator Michael McGarry released to secret location

  • Sex predator released after appeal
  • New home kept secret, police keeping watch
  • Judge warns he is likely to offend again

ONE of Western Australia’s worst serial sex predators has been released into the community – his whereabouts protected – after his latest conviction was quashed on appeal.

Michael McGarry’s record stretches back two decades and he has been convicted of 40 crimes, PerthNow has reported.

McGarry was jailed indefinitely five years ago after a 14-year-old girl was dragged into a bush and indecently assaulted.

That charge was quashed on appeal yesterday and McGarry was released from custody.

Judge Lindy Jenkins said McGarry posed a serious danger to the community and was likely to commit more crimes.

She issued 48 strict conditions on his release including a night curfew, the banning of alcohol, drugs and access to the internet and ordered he take libido medication.

Among McGarry’s victims was an 11-year-old girl he saw pictured in a newspaper, tracked down and assaulted.

The sex offender’s new home has been selected by police – but by law kept secret – and he will remain under surveillance.

Western Australia Premier Colin Barnett said he was “very concerned” McGarry had been released.

McGarry was driven to his new home about 5.30pm yesterday in an unmarked vehicle.

“By the end of the day you may feel like you have had more freedom in prison than you do in the community,” Judge Jenkins told McGarry before arrangements were made for his release.

 

http://www.abc.net.au/news/stories/2004/11/12/1242640.htm

Man jailed indefinitely over sex offences

Posted Fri Nov 12, 2004 9:06pm AEDT
Updated Fri Nov 12, 2004 9:08pm AEDT

A serial sex offender in Perth has been jailed indefinitely for the second time in six years.

Michael Alexander McGarry has a lengthy criminal history and was jailed indefinitely in 1998 after a judge declared he was a danger to the community.

However, the High Court overturned his sentence and the 43-year-old was released.

He indecently assaulted a 14-year-old girl a few months later.

In the District Court in Perth, McGarry was today sentenced to three years’ jail for two attacks on young girls.

In sentencing, Judge Michael Muller said McGarry posed a serious danger to society and ordered that he be jailed indefinitely.

 

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