Violent serial sex offender Jacob Wichen set to be freed, despite court warning he poses ‘significant risk’

A violent serial SA sex offender with a history of targeting older women is about to be freed – despite a court saying there’s a “significant risk’’ of reoffending.

A serial sex offender that a psychiatrist and the Parole Board believe is at “significant risk’’ of reoffending if released into the community without intensive supervision is set to be freed under the strictest conditions ever imposed by the Supreme Court.

Recidivist offender Jacob Arthur Wichen – who tried to rape a 65-year-old woman after breaking into her home – will be released on licence in a fortnight.

His impending release follows a lengthy legal battle by his lawyers to secure his freedom.

It included a High Court victory that overturned a Court of Appeal decision, which 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.

South Australian Parole Board chair Frances Nelson QCs.

Parole Board of SA chairwoman Frances Nelson KC is in the process of finalising almost two dozen stringent conditions that Wichen, 48, will have to abide by when he is released – likely on February 27.

“We would recommend additional conditions, but ultimately it is a matter for the court,’’ she said.

“There seems to be an expectation we can place him somewhere he will have 24-hour supervision and that is not possible. We do not have those resources in the community.

“I will be speaking to community corrections to see what resources we do have and then try to recommend conditions that can actually be policed and carried out.’’

Ms Nelson said the Parole Board had presented three reports to the Supreme Court and “was of the view that he still represented a significant risk to the community.’’

Supreme Court Judge Chief Justice Chris Kourakis. Picture: Dylan Coker

“But it is the view of the court that counts,’’ she said.

In his judgment approving Wichen’s release on licence, Chief Justice Chris Kourakis states “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, 48, 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 he was arrested in April 2002 after trying to rape a woman, 65, after breaking into her Port Augusta home. He is being held in Mt Gambier Prison.