Serial sex attacker Jacob Wichen refused release, as judge says SA’s ‘harsh’ laws mean he will serve more time than many murderers
Jacob Wichen has repeatedly attacked women when out of prison. Now SA’s Chief Justice says “harsh ... some may say cruel” sentencing laws mean he will likely end up serving more time than most murderers.
Police & Courts
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A serial sex offender being held indefinitely in prison over a sex attack on a 65-year-old grandmother has lost a Supreme Court bid to be released on licence.
Chief Justice Chris Kourakis ruled that Jacob Arthur Wichen, 46, was still at “significant risk’’ of reoffending – despite being confident that risk would be alleviated over time if he were “appropriately socialised’’ into the community under appropriate safeguarding conditions.
However, because of requirements under the Sentencing Act, Wichen cannot be released from custody until he has demonstrated “from within the artificial constraints of prison’’ that there is no significant risk.
“The result is that Mr Wichen is trapped in a paradox. He has already served close to the minimum non-parole period reserved for offences of murder,’’ Chief Justice Kourakis states in his judgment.
“However, unless and until he has an opportunity to demonstrate his ability to exercise appropriate control in ordinary social circumstances outside prison, his fate is largely determined by his past.’’
Wichen has an extensive criminal history that includes offences of dishonesty, breaking and entering, breaching parole, indecent assault, common assault 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 where the victim was 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.
In February, 2003 – prior to his trial – the Director of Public Prosecutions applied to the court for a Section 23 order, a declaration that Wichen be detained indefinitely because he was unable to control his sexual instincts.
In July, 2005, Wichen pleaded guilty to aggravated serious criminal trespass and intent to rape and was sentenced to 10 years in prison, but no final determination was made on the DPP application.
In November, 2011, the application was further considered by Justice Tom Gray in the Supreme Court and Wichen was ordered to be detained until further order.
As part of Wichen’s application for release, two psychiatric reports were considered. The first found that even though Wichen was willing to control his sexual instincts the psychiatrist “doubted his ability to do so’’ and the second psychiatrist stated that while Wichen was capable of controlling his sexual instincts, he was at high risk of reoffending “if he was intoxicated’’.
Chief Justice Kourakis said in the absence of the opportunity to resocialise in the community, there “is little prospect that Mr Wichen will be released until he meets the criterion of infirmity’’ in the Sentencing Act.
“By that time he will have been imprisoned for longer than even the higher of the non-parole periods fixed for murder,’’ he states.
“That is the undoubtedly harsh, and some may say cruel, result of imposing the same test for release on licence as a discharge of the order. It is an unfortunate result in a society as advanced as, and with the resources of, our state.
“I can only hope that he does not lose heart and that further courses and intensive one-on-one counselling is provided to him. Only in that way can Mr Wichen hope to overcome the yoke of the past that weighs him down.’’