Home detention among the 26 conditions set for sex offender Jacob Wichen’s release
A notorious sex offender with a history of trying to rape older women will be free from jail next month – but faces strict rules.
Police & Courts
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Recidivist sex offender Jacob Arthur Wichen – who tried to rape a 65-year-old woman after breaking into her home – will be subject to strict home detention when released on licence next month.
Chief Justice Chris Kourakis has approved a comprehensive list of more than two dozen conditions that Wichen must abide by upon his release into the community.
Wichen will live in supported accommodation – at taxpayers expense – at an unknown location and cannot leave the premises for any reason, other than approved employment or medical treatment – or unless specifically approved by his supervising community corrections officer.
The 26 conditions he must abide by include that he be subject to intensive electronic monitoring – GPS tracking – undergo counselling to address his sexual offending and undergo a psychological assessment and undertake any subsequent treatment as recommended.
In a brief hearing on Monday Chief Justice Kourakis told Wichen his release had been delayed because his accommodation was not yet ready for him.
“Mr Wichen, I know it is frustrating because you have been in custody for a long time,’’ he told him via videolink.
“Once upon a time I used to swim between the Henley and Grange jetties and it seemed the closer I got to the jetty the further away it seemed to be because that last little bit takes a lot longer.’’
Mr Wichen replied: “that’s OK’’
His looming release follows a lengthy legal battle by his lawyers to secure his freedom that included a High Court victory overturning a Court of Appeal decision, which had upheld a Supreme Court decision not to release Wichen because it was feared he could not control his sexual instincts and reoffend.
Following Wichen’s High Court victory, his case was remitted to the Supreme Court for determination in accordance with the reasons of the High Court – resulting in his release being granted.
This is despite both the Parole Board and a psychiatrist warning Wichen is at “significant risk’’ of reoffending if released into the community.
In his judgment approving Wichen’s release on licence, Chief Justice Kourakis stated “there is a material risk that Mr Wichen will not always comply with all of the conditions of his release”.
“I am satisfied there is not a significant risk that Mr Wichen will fail to exercise appropriate control of his sexual instincts if released under the proposed licence conditions, despite the risk that he will not abide by all of the conditions of his release at all times,’’ he states. Wichen has a shocking criminal history, including dishonesty, break and enter, breach of parole, indecent and common assault offending and multiple serious sex attacks.
In 1992, he was convicted of the attempted rape of a female taxi driver, 53, and in 1994 was convicted of another attempted rape — this time that of a schoolteacher.
He has been in custody since April 2002 after trying to rape a woman, 65, after breaking into her Port Augusta home.
Wichen’s case has been adjourned until April 5 – the date he is likely to be released if his accommodation has been finalised.
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