Repeat sex offender Gary John Tipping to be released into the community despite breaching his previous supervision order
A repeat sex offender with a “dreadful history” of abusing young boys will once again be set free – despite breaching his last supervision order just weeks after being released from prison.
Police & Courts
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A repeat sex offender with a “dreadful history” of abusing young boys, often within months of being released on bail, is likely to be released back into the community as early as next week.
The Supreme Court has refused to make an order keeping Gary John Tipping in custody for the remaining four and a half years of an extended supervision order despite his breaching the order’s conditions within a month of being released.
In September last year Tipping was controversially released into the community under extended supervision, despite psychiatrists labelling him a “high risk of reoffending”.
Within a month Tipping had breached his supervision order by signing up to an online chat and dating app where he started to send sexualised messages and photos of his genitalia.
While there was no indication that the recipients of the messages were underage, the court heard from a specialist psychiatrist who said that Tipping’s inability to follow instructions was concerning.
Tipping was returned to custody after the parole board issued a warrant for his arrest.
Justice Kevin Nicholson’s initial order that Tipping be temporarily returned to prison was met with a profanity-laden tirade from the sex offender who asked if the court wanted him to be assaulted in prison again.
He has remained in custody after the Attorney-General’s Department applied for the Supreme Court to order Tipping spend the remainder of his extended supervision period in prison.
Justice Nicholson refused the application on Monday but adjourned the case until later in the week for argument about what supervision Tipping should be under in the community.
Justice Nicholson concluded that Tipping’s risk to the community had not changed since the initial order to release him in September 2019.
“The respondent’s conduct between 8 and 15 October 2019 is not the manifestation of a new or increased risk but of the risk always present and recognised by the forensic psychiatrists and the earlier judge,” Justice Nicholson said.
“In fact, (Tipping) has now spent more than 12 months in custody not having committed any offence and not subject to any outstanding charges, and only five weeks or so in the community.
“I take the view that the respondent ought to be given another opportunity to comply with the extended supervision order and to remain out of custody.”
Attorney-General Vickie Chapman said she was reviewing the judgment and weighting options to ensure the community is safe when Tipping is released.
“I have now made two applications to the Supreme Court for detention orders to be made in the case of Mr Tipping,” she said.
“In refusing the application for Mr Tipping’s detention for a second time, the Court has taken the view that the risk he poses can be adequately addressed by an Extended Supervision Order.
“In coming to this decision, the paramount consideration of the Court must be the protection of the safety of the community.”
In 2006, Tipping received a suspended sentence for sexually abusing two young boys, aged 12 and eight. He then breached that by abusing a 13-year-old boy three months after being sentenced, and was jailed for six years.
In 2010 he was released on parole and within two months of being released abused a 15-year-old boy.
His parole was revoked and in 2015 Tipping was sentenced to six years and four months in prison with the sentence back dated to 2012 when his previous parole had expired.
While in Mount Gambier Prison, Tipping also demonstrated sexually predatory behaviour by having a “very young looking” 20-year-old prisoner moved into his cabin.