Albany paedophile Jonathon Neal Lewis to walk free after judge denies State request to keep him locked up

A repeat child-sex offender will be released next month after a Supreme Court Justice denied a request from the State to keep the Albany man locked up to protect the community. In the Supreme Court last Wednesday, Justice Joseph McGrath was asked to determine whether Jonathon Neal Lewis, 32, should be subject to a restriction order under High Risk Serious Offenders legislation introduced this year. Justice McGrath delivered his decision on the same day The West Australian revealed 11-year-old Annaliesse Ugle had taken her own life after her alleged rapist was granted bail. Under the HRSO laws, offenders who pose an unacceptable risk to the community can be issued with a continuing detention or a supervision order that reaches beyond their sentence. Lewis, 32, has received multiple prison sentences for serious child sex crimes. In 2010, at the age of 21, Lewis was convicted of sexually penetrating a 14-year-old girl. That offence came two months after he completed a sexual consent and behaviour program, and while he was still subject to a suspended imprisonment order from a previous offence. After an 18-month stint in prison, he was released into the community as a reportable sex offender. In 2017, WA Police received a tip-off from US police about Lewis’ online activities. Albany detectives searched his Orana home and seized electronic devices containing messages and videos, which led to a series of charges related to the online grooming of a 14-year-old girl from Oklahoma. Lewis was jailed for 25 months for child exploitation and failing to comply with his reporting obligations. In a decision delivered last week in the Supreme Court, Justice McGrath said he was satisfied Lewis posed an “unacceptable risk” and had to be subject to a restriction order. But he decided the risk of Lewis reoffending could be managed in the community. He referenced evidence given by a psychiatrist, two forensic psychologists and a senior community corrections officer. “The State submitted that the risk could only be managed by continuing detention. The State expressed concern that Mr Lewis has ongoing treatment needs and that the treatment needs should be undertaken while incarcerated,” Justice McGrath said. “However, the treatment needs may be addressed in the community as the evidence supports a finding that appropriate treatment programs are available and that Mr Lewis will engage.” Justice McGrath imposed a five-year supervision order on Lewis with 52 conditions, starting on November 12. Some of the conditions include no unauthorised contact with victims, complying with a curfew, and maintaining a daily diary if requested. Unless authorised by his community corrections officer, Lewis cannot possess alcohol, have access to the internet, or be in possession of any toy, game or confectionery that could be capable of enticing children. “I do not accept the State submission that Mr Lewis should be incarcerated for another two years to undertake treatment when that treatment may be completed in the community while the ongoing risk is managed by a supervision order,” Justice McGrath said. “I consider that this is a case where the protection of the community may be properly and satisfactorily advanced by a supervision order.”