Case A5/2022

Hore v. The Queen, Wichen v. The Queen

Case No.

A5/2022; A6/2022

Case Information

Lower Court Judgment

07/05/2021 Supreme Court of South Australia (Kelly P, Lovell and Bleby JJ)

[2021] SCSCA 29

07/05/2021 Supreme Court of South Australia (Kelly P, Lovell and Bleby JJ)

[2021] SCSCA 30


Criminal law – Sentence – Sentencing Orders – Offenders incapable of controlling, or unwilling to control, sexual instincts – Meaning of "willing" – Where appellants detained by Court order, following application by Crown, on grounds they were incapable or unwilling to control sexual instincts – Where s 59(1a)(a) of Sentencing Act 2017 (SA) provided person detained cannot be released unless Court satisfied person "capable of controlling and willing to control" person's sexual instincts – Where s 57, providing authority for Court to make order for indefinite detention, contained definition of "unwilling" – Where Court of Appeal held "willing" in s 59(1a)(a) had converse meaning to defined term "unwilling" in s 57(1) such that appellants could only be regarded as willing to control sexual instincts if established no significant risk they would, given opportunity to commit relevant offence, fail to exercise appropriate control of sexual instincts – Whether meaning of "willing" in s 59(1a)(a) is converse of word "unwilling" as defined in s 57 – Proper meaning of term "willing" in s 59(1a)(a). 


21/02/2022 Hearing (SLA, Canberra)

04/03/2022 Notices of appeal

01/04/2022 Written submissions (Appellant A5/2022)

01/04/2022 Chronology (Appellant A5/2022)

01/04/2022 Written submissions (Appellant A6/2022)

01/04/2022 Chronology (Appellant A6/2022)

20/04/2022 Written submissions (Respondent A5/2022)

20/04/2022 Written submissions (Respondent A6/2022)

26/04/2022 Reply (Appellant A5/2022)

26/04/2022 Reply (Appellant A6/2022)

11/05/2022 Hearing (Full Court, Canberra) (Audio-visual recording)

10/05/2022 Outline of oral argument (Appellants - joint)

10/05/2022 Outline of oral argument (Respondent)

15/06/2022 Judgment (Judgment summary)