Adelaide child predator Colin Humphrys to stay behind bars
A notorious serial kidnapper and child predator has finally had his bid for release into the community denied after a two-year legal and political battle.
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- Colin Charles Humphrys’ final bid for freedom fails
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After almost two years of court hearings and law changes, notorious sex offender Colin Humphrys has finally been denied freedom.
In the Supreme Court on Friday, Justice David Lovell refused to release the 67-year-old on licence into the community.
Humphrys was detained indefinitely in 2009 following a horrific spate of offending against children, including the high-profile kidnap and abuse of a child known as “XX”.
After almost 10 years in prison Humphrys, applied to the Supreme Court to be released on strict conditions in 2018.
Justice Trish Kelly approved his release into the Bowden-Brompton community in March 2018.
Following a community backlash, the sentencing laws were changed under a bipartisan move.
Humphrys remained in custody after the Director of Public Prosecutions launched an appeal of the decision to release him into the community.
The sex offender retorted by launching his own legal action, which questioned the validity of the amended laws that were likely to keep him in prison for the rest of his life.
The Supreme Court upheld the laws in December last year in a move that will affect an estimated 300 detained sex offenders who will fall under the strict new regimen.
In order to be released under the new laws, Humphrys was required to show that he had
rehabilitated and no longer posed any threat to the community.
Two psychiatrists are required to both tick off that a sex offender is able and willing to control their sexual instincts before they can be released.
Justice Lovell outlined the legal test in court.
“He must satisfy me that he is capable and willing to control his sexual instincts or that he no longer poses a risk to the community because of his advanced age and infirmity,” he said.
Both psychiatrists reported that there was no medical or psychological reason why Humphrys would not be able to control his sexual instincts.
However, both also concluded that he was unwilling to control his desires and that there was a high risk that he would reoffend.
The Parole Board also opposed Humphrys’ release.
Justice Lovell, citing both reports, refused Humphry’s application, saying that the safety of the community was paramount.