Attorney-General loses bid to have ‘sexual deviant’ Jason Scott Moyle locked up indefinitely in the Supreme Court
A CAREER criminal and “sexual deviant” with a long history of exposing himself to women could be released into the community after the Attorney-General lost a bid to have him locked up indefinitely.
A CAREER criminal and “sexual deviant” with a long history of exposing himself to women could be released into the community after the Attorney-General lost a bid to have him locked up indefinitely.
Supreme Court Justice Martin Hinton last week dismissed an application for prisoner Jason Scott Moyle, 47, to be indefinitely detained on the grounds he could not control his sexual instincts.
Moyle — who has successfully escaped from jail three times — has spent all but three of the last 28 years in jail for violence, theft and escape from custody.
He is currently serving a four month sentence for grabbing a nurse on the buttock at the Port Augusta prison.
In 2012, Moyle was twice caught masturbating on a train, 10 days apart, while under the influence of drugs.
“He has no other prior convictions of a sexual nature though has received numerous reprimands while in prison for inappropriate sexualised behaviour,” Justice Hinton said in his judgment.
“He has also consistently stated that he is aroused by sadomasochistic sexual practices but only when consensual.
“Moyle has repeatedly stated that he is not a sexual offender and cannot understand why the current application has been made.”
He said that when Moyle was interviewed by a psychiatrist, he said indecent exposure and masturbating in public were not sex offences because he “did not rape or hurt anyone”.
“He felt aggrieved because ‘paedophiles are let out and I’m not even a sex offender’,” he said.
Documents show Moyle has been reprimanded more than 20 times for indecently exposing himself and masturbating in front of women during his various stints of imprisonment.
Justice Hinton noted that Moyle had been assessed on the Sexual Violence Risk-20 scale and found to be a high risk of sexual recidivism.
“Although Moyle has not been charged or convicted of sexual offending in the past, his current behaviour while incarcerated (exposing himself and masturbating in front of female staff and visitors) is indicative of sexual deviation,” the report stated.
“That is, he has demonstrated a stable pattern of deviant sexual arousal.”
But Justice Hinton was told if released, Moyle was not concerned about exposing himself in public because he would seek out female company.
In December 2017, a psychiatrist found Moyle could not control his sexual instincts and supported the Attorneys-General’s application.
While Justice Hinton found there was a significant risk that Moyle would engage in indecent behaviour if given the opportunity, he said indefinitely detention was not the answer.
“The even more difficult question is whether, bearing in mind the risk Moyle poses, is it appropriate to make an order that he be detained indefinitely,” he said.
“The degree of intrusion upon Moyle’s liberty is great, all the more so when one has regard to the nature of the offence he might commit.”
He said the “appropriate means” to protect the community would be for him to be declared a high-risk offender and placed on an extended supervision order.
An application for Moyle to be declared a high-risk offender is pending.
A LIFETIME OF CRIME
1985: Larceny and breaking into cars
1985: Armed robbery
1985: Dishonesty offences
1986: Dishonesty offences
1987-1988: Resist police, building break-in and felony, possess cannabis, disorderly behaviour, assault police
1989-1992: Property and dishonesty offences, arson, escape custody
1994: Armed robbery
1995: Assault
1996: Escape from custody
1997: Property damage and violence offences, including causing grievous bodily harm
1997: Violence offence
1998: Escape from custody
1999: Escape from custody
2003: Common assault
2007: Carry an offensive weapon
2009-2012: Breach of bail
2012: Indecent behaviour
2013: Aggravated serious criminal trespass and dishonestly taking property
2016: Aggravated indecent assault