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AG defends judge’s decision to release violent rapist from prison
The Western Australia Attorney-General has defended a judge’s decision to release a sex offender from prison so that he can secure social housing.
Naomi Neilson
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On Christmas Eve, Supreme Court judge Michael Corboy granted the release of convicted rapist Christopher John Bentley on the grounds that keeping him behind bars would prevent him from securing his priority spot in the social housing waitlist.
Justice Corboy said that by losing this spot on the waitlist, Mr Bentley’s interests could be “significantly and adversely affected”. He pointed to the lack of appropriate housing for the offender and the impact it could have on community safety.
Despite criticisms, AG John Quigley said: “Justice Corboy was satisfied on the balance of probabilities that Mr Bentley would substantially comply with the standard conditions until the contravention hearing [in January 2020].”
Mr Bentley was first sentenced to 12 years behind bars for drugging and raping a 16-year-old girl. A year later, he stalked and assaulted two different women.
Despite having been found to be a “serious danger” to the community, Mr Bentley was released in May 2018 under a five-year supervision order with 53 conditions attached. However, three months later he entered the home of another woman.
In February 2019, Mr Bentley was yet again released under an amended supervision order which prohibited him from consuming drugs. Just three months later, under court-ordered testing, he tested positive for methamphetamine and amphetamine.
The Department of Public Prosecutions opposed his release and called for continuing detention orders instead. However, Justice Corboy’s ruling is within Labor laws which allow offenders to be released if a judge believes they will not break conditions.
On his reasoning for granting the release, Mr Quigley said: “The court has commented in the past about lack of appropriate accommodation for dangerous sexual offenders and the impact that the scarcity of accommodation can have on deciding whether the community will be adequately protected if an offender is released.
“The loss of Mr Bentley’s priority for a public housing could significantly and adversely affect his interests….Mr Bentley is acutely aware of the conditions of the supervision order and in my view, it is unlikely he would jeopardise his prospects.”
Mr Quigley said the Department of Justice would monitor Mr Bentley with GPS tracking to ensure he meets his conditions before his next court appearance. Until then, he will live with his partner and her son.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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