Sexual deviant Jason Scott Moyle released on parole, despite outcry, is rearrested days later
SEXUAL deviant Jason Scott Moyle has been rearrested, just days after he was released on parole, after failing a drugs test. The judge that ordered his release found he was at high risk of reoffending.
SEXUAL deviant Jason Scott Moyle is again behind bars after three days of freedom.
Moyle was released from prison on Friday, despite a bid by Attorney-General Vickie Chapman for him to be indefinitely detained because he cannot control his sexual instincts.
Moyle — a career criminal with a long history of sexual deviancy — had been serving a four month sentence for grabbing a nurse on the buttocks at the Port Augusta prison.
It is understood Moyle was arrested on Monday for failing a urine test, breaching an interim supervision order.
Moyle was released on Friday under strict conditions and pending another court hearing in early September.
His rearrest followed earlier calls by a former Director of Public Prosecutions that the justice who ruled not to have Moyle jailed indefinitely should have placed greater weight on the likelihood he would reoffend.
Stephen Pallaras QC said he understood why Justice Hinton had dismissed the application, but that he should have placed greater weight on the likelihood he would reoffend.
He said Justice Hinton found Moyle’s sexual criminal history to be at the lower end, despite it being “disgusting”.
“The judge seemed to take the view that indecent exposure and masturbating in public were not, relatively speaking, sufficiently serious to justify the imposition of indefinite detention," Mr Pallaras said.
“Perhaps this value judgment stems from an erroneous view that these are victimless crimes.”
He said Justice Hinton found Moyle’s liberty was “more important” than the possible threat to community safety.
But Mr Pallaras said what bothered him was that a psychologist — and Justice Hinton himself — found Moyle was a high risk of reoffending.
He said there should be an “additional responsibility” on judges to take into account the likelihood an offender would strike again.
“It is clearly arguable that the judge has not given enough weight to the virtual certainty that Moyle will reoffend,” he said.
“Until he satisfies the authorities that he is willing and able to control his sexual urges, then community safety should prevail over any other concerns.”
Opposition justice spokesman Kyam Maher agreed, saying community safety should have been the “number one priority” in this case.
“The Government must do everything possible to protect the public from this dangerous offender,” he said.
“In the meantime, the Government should make an application to have Jason Moyle declared a high risk offender which will mean he is subject to very strict supervision and conditions.”
An application to have Moyle declared a high risk offending is pending.
Attorney-General Vicki Chapman said it was her preference Moyle be jailed indefinitely.
She said failing that, he should be electronically tracked, subject to a curfew and would have to seek residential approval from the Parole Board. These are the conditions of his parole.
An application before the Supreme Court to deem him a high-risk offender and to be subject to an extended supervision order, is pending.
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 buttocks at the Port Augusta prison.
In 2012, Moyle was twice caught masturbating on a train while under the influence of drugs.
Documents show Moyle has been reprimanded more than 20 times for indecently exposing himself and masturbating in front of women during his various stints in jail.
Last week, 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.
“He has demonstrated a stable pattern of deviant sexual arousal,” the report stated.
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 Attorney-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 indefinite detention was not the answer.
But he questioned whether an indefinite detention order was appropriate given the “degree of intrusion” it would have on Moyle’s liberty.
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.