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WA Supreme Court judge forced to rule mentally ill pedophile Anthony John Alvisse stay in jail due to lack of suitable accommodation

A mentally ill pedophile will remain in prison even though he has served his sentence because there is no suitable accommodation for him, a WA Supreme Court judge has ruled.
After the sixth review of Anthony John Alvisse’s dangerous sex offender status, Justice John McKechnie ruled today he must stay in jail.
Justice McKechnie noted Alvisse had spent twice as long in prison as the sentence that punished him for his crimes.
“The court has repeatedly held that the community will be adequately protected if he is released on supervision,” the judge said.
“I adjudged that he could not be released because there was no proper accommodation for him in the community.”
Justice McKechnie said there was a lack of inter-agency co-operation.
“Following a finding that the respondent is a serious danger to the community, I have no discretion. The community would be adequately protected by a supervision order with a condition that the respondent reside in an appropriate psychiatric facility,” he said.
Justice McKechnie said Alvisse’s mental health was deteriorating with his continued detention.
“But because of longstanding executive inaction, I must expressly decline to rescind the continuing detention order.”
Justice McKechnie added that the civilisation of a society could be judged by the way it treated its prisoners, quoting Winston Churchill.
“Perhaps nobody much cares about a short, stout middle-aged man with a diagnosis of pedophilia and deteriorating mental health likely to be in prison forever,” he said.
“But his case diminishes us all.”
Controversy erupted yesterday after a dangerous sex offender, Patrick Alfred Dennis Comeagain, was released from prison after a Supreme Court judge approved his application.
This is despite the judge conceding there was “still scope” and that his release was opposed by police and prosecutors.
Police Minister Liza Harvey yesterday said she disagreed with the court’s decision and that Comeagain should remain behind bars.


www.perthnow.com.au (27-6-2015)
http://www.perthnow.com.au/news/western-australia/wa-supreme-court-judge-forced-to-rule-mentally-ill-pedophile-anthony-john-alvisse-stay-in-jail-due-to-lack-of-suitable-accommodation/story-fnhocxo3-1226968893575




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Paedophile in jail 7 years after release

A West Australian judge says he has no choice but to keep a schizophrenic paedophile locked up because there is nowhere safe for him to live - despite his sentence finishing in 2006.
Anthony John Alvisse, 52, has committed sex crimes against children dating back to 1979 with his victims including children as young as six.
In 2003, he raped a homeless 14-year-old boy he had befriended at a hostel, and was jailed for over three years.
But after being released on a seven-year strict supervision order in late 2006, just two months later he called 000, admitting he was struggling to manage his urges and was fearful of attacking another child.
After being jailed again, judges and psychiatrists have ruled Alvisse could be released if there was suitable accommodation available with strict supervision.
But after Alvisse was recently turned down for a place at a psychiatric hostel because of staff worries over a risk to child visitors and the proximity of two schools, Justice John McKechnie said the time had come for the government to step in.
"As bureaucrats have been unable to initiate ... co-operation after seven years ... there is now a need for ministerial intervention," Justice McKechnie said.
"A person should not be detained in custody if the community can be adequately protected by their release on strict supervision."
In ruling Alvisse must remain in prison for the community's safety, Justice McKechnie said WA sex offenders were being sentenced to indefinite prison terms "by default".
"There is far too much reliance on the stretched and limited resources of the private sector to overcome deficits within government services," Justice McKechnie said.
"There are organisational deficits within Corrective Services and other departments which manifest as institutional state indifference to any order but detention.
"Without immediate attention to the issues thrown up in this review, adequate protection of the community is unlikely in some cases."


www.watoday.com.au (2-5-2013)
http://www.watoday.com.au/wa-news/paedophile-in-jail-7-years-after-release-20130502-2iv6w.html


Child rapist closer to release

A schizophrenic paedophile locked up indefinitely after admitting he had trouble controlling his urges to rape children is making progress towards being released back into the community, a Supreme Court judge says.
Anthony John Alvisse's continuing detention order, made under dangerous sex offender laws, was reviewed recently with Supreme Court Justice Michael Murray saying he was making "slow progress" towards treating his "sexual deviance" and his mental illness.
Justice Murray said Alvisse was also reducing his dependence on the highly-structured prison environment and anxiety about living in the community.
The judge on Thursday extended Alvisse's continuing detention order, which the Director of Public Prosecutions applied for, concluding he remained a "serious danger to the community".
Alvisse was released under "strict supervision" in December 2006 but two months later he made an emergency 000 call, confessing he was a "sex offender against children" and needed help because "I feel like I want to reoffend again".
Alvisse has committed sex crimes against children dating back to 1979 and his victims include children as young as six.
In 2003, he raped a homeless 14-year-old boy he had befriended at a hostel.
In a report to the court, a consultant psychiatrist said Alvisse had treatment needs which were still "unmet" and he continued to "manifest deviant sexual arousal" involving "prepubescent males".
Justice Murray accepted the psychiatrist's opinion that Alvisse was at "high risk of reoffending sexually if not subject to a continuing detention or supervision order".
Alvisse was late last year transferred from Casuarina to Bunbury Regional Prison, where his status has been downgraded from a high to medium-security prisoner.
"If he can successfully manage further relaxation of his security rating, he may be rendered fit to be released to reside in the relatively structured environment of psychiatric hostel accommodation in the community," Justice Murray said.
Justice Murray said there was nothing stopping the DPP or Alvisse from applying to have the order reviewed earlier than the automatic one-year period.


The West Australian (4-4-2011)
Kate Campbell
http://au.news.yahoo.com/thewest/a/-/breaking/9126972/child-rapist-closer-to-release/








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