UPDATE:  MAY 2015

http://www.abc.net.au/news/2015-05-29/dangerous-sex-offender-to-remain-in-jail/6505384

Dangerous WA sex offender to remain in jail, deemed ‘a continued danger to community’

By Jacob Kagi

Updated about 8 hours ago

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.

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.

 

UPDATE: JUNE 2014

https://au.news.yahoo.com/a/24040379/wa-sex-offender-jailed-for-raping-teen

WA sex offender jailed for raping teen

A dangerous sex offender who is already incarcerated has been sentenced to two years in prison for raping a teenage girl more than 13 years ago in Western Australia.

Harley Darren West pleaded guilty on the first day of his trial in March to sexually penetrating a 14-year-old girl in April 2001 when he was aged 35.

A trial was set at the time of the offence, but the victim was unwilling to testify so the case was dismissed, the Perth District Court heard on Friday.

Later, West was convicted of sexually abusing other girls and was charged again for the 2001 matter.

The victim’s evidence was pre-recorded in October before West changed his plea.

In sentencing, Judge Philip McCann said the plea did not indicate remorse or empathy for the girl.

“Whilst it fell short of coercion, he only obtained the victim’s consent by refusing to take no for an answer, which I find was aggravating,” he said.

West, who was on parole at the time, had been armed with a machete but did not use it to threaten the girl, the court heard.

“It is relevant that the victim regards herself as having been raped,” Judge McCann said.

In January 2013, West was deemed a dangerous sex offender and was detained subject to a continuing detention order (CDO).

He is currently part of the intensive sex offender treatment program.

By the end of June, West will have been incarcerated as a sentenced prisoner or a detainee under a CDO for 10 years.

The first annual review of his CDO was in March, but the court chose not to release him.

Judge McCann sentenced West to two years in prison and ordered that he be eligible for parole in May 2015, shortly after the next scheduled review of his CDO.

UPDATE: MARCH 2014

First annual review of a continuing detention order.
Result: Continuing detention order not rescinded.

 

http://www.dailytelegraph.com.au/news/breaking-news/judge-jails-wa-sex-offender-indefinitely/story-e6freuz0-1226560245254

Judge jails WA sex offender indefinitely

  • AAP
  • January 23, 2013 4:42PM

A COURT has ruled a convicted pedophile with a near 20-year history of sexually abusing teenagers remain in prison indefinitely because he still poses a serious risk to the community.

Darren Harley West, 47, was first convicted of having sex with a girl aged under 16 in 1996. He was convicted of the same offence with another girl in 2006.

After being found guilty of a similar offence against a 13-year-old boy in 2007, West was sent to prison for six years, with a release date of October 2012.

Western Australia’s Director of Public Prosecutions objected to West’s release under the state’s Dangerous Sexual Offenders Act, and on Wednesday Justice Michael Corboy agreed he still needed to be locked up after two psychiatrists ruled him a serious risk of reoffending.

“In my view, the community can only be adequately protected, at this time, by a continuing detention,” Justice Corboy said.

West’s family had supported his release to the Aboriginal community at Warburton.

But Justice Corboy ruled West’s history of offending and the likelihood he would be in close proximity to adolescents if he was released was too big a concern.

“The reality is that in a small community, such as Warburton, Mr West would always be in close proximity to young adolescents,” Justice Corboy said.

 

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