Repeat sex offender Gary John Tipping to be released on Monday under home detention
A repeat sex offender who a psychiatrist believes poses a “high risk to the safety of the community” will be released on Monday.
A high-risk sex offender will be released into the community on Monday after the Supreme Court refused an application to keep him behind bars.
Gary John Tipping, 33, was convicted of crimes against boys between the ages of eight and 15, in some cases offending only months after he was released from prison.
Despite a clinical psychiatrist finding that Tipping was unwilling to control his sexual behaviour, the Supreme Court refused an application to keep him in custody indefinitely.
Instead he will be released into the community on Monday where he will be on home detention and subject to electronic monitoring for five years.
Tipping was first before the courts in February 2006 for sexual offences committed against two boys aged 12 and eight when he was 18.
He was sentenced to four years in prison with a non-parole period of 18 months but the sentence was suspended.
Within months of avoiding prison Tipping breached the suspended sentence by abusing a 13-year-old boy.
He was charged with gross indecency and unlawful sexual intercourse. The court revoked his suspended sentence and imposed additional prison time.
Tipping was released on parole in December 2010 and within a few months was socialising with a 15-year-old boy who would become the victim of his most recent offending.
In April, 2015, he was sentenced to six years and four months in prison for gross indecency, indecent assault and unlawful sexual intercourse with the teenager.
The sentence was backdated to September 20, 2012 when he entered custody.
In August 2018 the Attorney-General made an application to either keep Tipping in custody indefinitely or to place him on extended supervision if released.
During hearings into whether Tipping should be indefinitely detained, Justice Trish Kelly heard that the prisoner had been able to invite a “very young looking” 20-year-old male prisoner to live with him in a 10-prisoner cottage at Mount Gambier Prison.
Psychiatrist Dr Narain Nambiar gave evidence that Tipping presented a significant risk, particularly towards young men, if released into the community.
On August 1, 2019, Justice Kelly refused an application by the Attorney-General to keep Tipping incarcerated indefinitely.
Justice Kelly has denied requests by The Advertiser to release the judgment and will instead publicly release her reasons on Monday, the day Tipping is released.
Only days before Tipping was scheduled to be released in January this year the Attorney-General asked for an emergency application to keep him behind bars.
Chief Justice Chris Kourakis granted the application but was scathing of delays in the preparation of psychiatric reports.
He said the courts could be forced to release prisoners without all the information as keeping them detained would be “an unnecessary denial of personal liberty”.
However, the Chief Justice said that electronic monitoring was an appropriate alternative to prison.
“I accept as a general proposition that such are the advances in electronic monitoring that a high degree of protection to the community can be achieved in that way,” he said.
Acting Attorney-General Rob Lucas said Tipping’s compliance with the supervision order would be closely monitored.
“The Attorney-General’s primary application was for Mr Tipping’s indefinite detention, however, this was rejected by the Supreme Court,” Mr Lucas said.
“The Court has made an assessment about the risk to the community in this case and has decided to impose an Extended Supervision Order instead.
“In particular, the Court has had regard to the strict home detention and electronic monitoring conditions that can be imposed to ensure the safety of the community.
“The Attorney-General will consider the judgment further on her return from leave.”