Gavin Shaun Schuster

Posted: March 27, 2013 by Serendipity in South Australia
Tags: , ,

 

UPDATE:  August2016

http://www.abc.net.au/news/2016-08-08/appeal-upheld-paedophile-gavin-schuster/7700146

Repeat sexual offender Gavin Schuster remains in custody after SA appeal court ruling

Posted yesterday at 12:10pm

Paedophile Gavin Shaun Schuster will remain in prison in South Australia for now after an appeal against his release was upheld.

The Court of Criminal Appeal ruled the case be referred back to the Supreme Court for another hearing.

In April, Justice John Sulan ordered Schuster be released on strict conditions to be set by the parole board.

The Director of Public Prosecutions (DPP) appealed against that Supreme Court ruling.

The criminal appeal court now said it was important the re-hearing investigated “whether Mr Schuster has reasonable prospects of rehabilitation if released [and] the likelihood and consequences of his absconding”.

Schuster was jailed indefinitely in 2000 after being declared unwilling or unable to control his sexual urges after he assaulted a six-year-old girl inside a toilet block at a primary school in Adelaide in early 1999.

The crime was committed just two months after his release from jail for the sexual assault of an eight-year-old girl in 1994.

Schuster was released on licence in 2009 but returned to custody a short time later after threatening to reoffend.

He was released on licence again in 2013 but then returned to custody because there was no suitable accommodation available.

 

UPDATE:  April 2016

http://www.abc.net.au/news/2016-04-01/paedophile-gavin-shaun-schuster-to-be-released-adelaide/7293534

High-risk paedophile in Adelaide to be released from jail under strict conditions

Updated about 3 hours ago

A convicted paedophile considered at high risk of re-offending is to be released from jail subject to strict conditions.

Key points:

  • Gavin Shaun Schuster jailed indefinitely in 2000
  • Risk to the community considered “manageable”
  • Proposed conditions for release include GPS monitoring and confinement within suburban facility

Justice John Sulan considered the rehabilitation regime of Gavin Shaun Schuster, 40, to have run its course in custody, and that further rehabilitation could only take effect outside.

“If I were to decline to release Mr Schuster on licence, it is almost certain that he would be condemned to spending most, if not all, of the remainder of his life in custody,” he said.

Schuster was jailed indefinitely in 2000 after the Supreme Court ruled he was unwilling or unable to control his sexual urges.

He had sexually assaulted a six-year-old girl inside a toilet block at a primary school in Adelaide in February 1999.

He committed the crime just two months after he was released from prison for the sexual assault of an eight-year-old girl in 1994.

Schuster was released on licence in 2009 but was returned to custody two months later after threatening to re-offend.

He was released again on licence in 2013 but was returned to custody because there was no suitable accommodation available.

Justice Sulan today rejected an application by the Director of Public Prosecutions (DPP) to reconsider the 2013 licence and ordered Schuster be released on new licence conditions to be set by the Parole Board.

The DPP in 2015 had asked that Schuster’s release on licence should be revoked in consideration of community safety.

It submitted evidence from a former prisoner who had shared a cell with Schuster at Mt Gambier and Yatala Labour Prison between 2011 and 2013.

Schuster to ‘target Daveron Park’

The prisoner claimed Schuster told him, “when he got out, he was really going to enjoy himself and that he was going to do the same as had done with a girl at school”.

The prisoner gave evidence saying he was genuinely worried that Schuster would commit further sexual offences against children if he was released from custody, especially in Adelaide’s northern suburbs, such as at Daveron Park.

“Davoren Park was because it’s a low socio-economic area, kids wandering around all over the place and they are easily lured so it would be easy for him to pick up another person,” the prisoner said.

“He said it wouldn’t take much to get kids away from their parents.”

The prisoner said Schuster told him he would like to target places like go-kart and laser shooting facilities, as well as shopping centres.

Justice Sulan heard evidence from Schuster and the prisoner during October and concluded the conversations did indeed take place.

He heard further evidence from those who had worked with Schuster in custody, including consultant forensic psychiatrists and Department of Correctional Services (DCC) Rehabilitations Programs psychologist Mr Elmer.

Psychiatrist Dr Narian Nambiar said Schuster had expressed a willingness to change since 2011-2013 and had completed a 14-month psychotherapeutic treatment program.

He considered Schuster’s rehabilitation within prison to have gone has far as it could and further work could only take place outside jail.

Mr Elmer seconded that opinion and gave evidence of possible regression if Schuster remained in custody.

Dr Nambiar warned that “Mr Schuster’s risks has always been and will always be high” but considered that risk to be manageable.

Mr Elmer said he would train those charged with Schuster’s supervision to ensure they dealt appropriately with his “emotional triggers”.

Released under strict conditions

Justice Sulan said a release on licence must be distinguished from discharge and that while the safety of the community was paramount, it did not require that all risks be eliminated but rather the community could be protected.

“I concluded that if Mr Schuster is released, there continues to be a risk that he may re-offend,” he said.

“The issue for me is whether Mr Schuster can be adequately managed outside prison so that the risk of him re-offending is reduced and manageable.

“I consider that, with the treatment and supervision proposed for him, he is in a better position to understand and cope with his release on licence.”

Proposed conditions for Schuster include GPS monitoring, confinement within a suburban facility, and close monitoring by specially trained corrections officers.

Justice Sulan suspended the order for one month so that the DCS, SA Police and relevant agencies could have an influence on Schuster’s licence conditions.

The prosecution indicated it was likely to appeal against the ruling.

 

UPDATE: October 2014

http://www.abc.net.au/news/2014-10-14/paedophile-remains-in-custody-despite-release-order/5811990

Paedophile Gavin Schuster remains in custody despite release order as no suitable home found

By court reporter Loukas Founten

Updated

A convicted paedophile jailed indefinitely after an Adelaide court ruled he was unable to control his sexual urges will remain in custody despite a release order, as a suitable home cannot be found for him.

Gavin Shaun Schuster, 37, was jailed indefinitely in 2000 after sexually assaulting a six-year-old girl inside a toilet block at a northern suburbs primary school in February 1999.

The crime was committed just two months after Schuster was released from prison for the sexual assault of an eight-year-old girl in 1994.

Schuster was jailed indefinitely after a psychiatric report described him as a dangerous sexual offender who posed a risk to others.

At the time, Justice Margaret Nyland said Schuster had a long history of similar offending and, despite treatment, few inroads had been made into reducing his predatory behaviour.

Schuster was granted release on a licence in March last year, but has remained in custody because a suitable home cannot be found.

The Director of Public Prosecutions wants his release overturned.

The Supreme Court was today told Anglicare had been tasked to help find a suitable property, but feared it could take months.

The matter was adjourned until April, but could be brought on sooner if a home is found.

Schuster was released on a similar order in 2009 but returned to jail for breaching his parole conditions.

 

UPDATE: March 2013

Schuster will be released back into the community on July 1.

 

UPDATE: Feb 2013

Gavin Shaun Schuster has launched  court action to be freed on licence for a second time. When he was first released on licence in 2009 he was returned to prison within months after breaching its strict conditions.

 

http://www.abc.net.au/news/2008-12-23/convicted-paedophile-set-for-release/248268

Convicted paedophile set for release

Updated Tue Dec 23, 2008 1:54pm AEDT

A convicted paedophile who was previously ruled incapable of controlling his sexual urges will be released on licence next year in South Australia.

Gavin Shaun Schuster, 33, was jailed for seven years in March 2000 for indecent assault and unlawful sexual intercourse involving a six-year-old girl.

He was later ruled incapable of controlling his sexual instincts and jailed indefinitely.

In the SA Supreme Court, Justice Richard White found that Schuster was determined to rehabilitate himself and could get access to appropriate treatment programs if released.

He is to be released on licence next June.

 

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Comments
  1. Donald says:

    High-risk paedophile in Adelaide to be released from jail under strict conditions

    http://www.abc.net.au/news/2016-04-01/paedophile-gavin-shaun-schuster-to-be-released-adelaide/7293534

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