A dangerous sex attacker who bragged to his friends that raping sleeping women was ‘easy’ will be released from prison, despite having ‘little empathy’ for his victims.
Western Australian man Nigel Pindan, who was deemed a serious risk to the West Australian community, will be released under a supervision order as the state parliament continues to wrestle with strengthening the laws for criminals.
Supreme Court of WA Justice Bruno Fiannaca ruled on Tuesday that Pindan should be released, almost four years after he was labelled a dangerous sex offender and made subject to a continuing detention order.
Pindan has been convicted of three sexual assaults on sleeping women, beginning in 1994 for an assault that occurred the previous year in Broome when he was a juvenile (stock)
Pindan has been convicted of three sexual assaults on sleeping women, beginning in 1994 for an assault that occurred the previous year in Broome when he was a juvenile.
The second time the Kimberley man was convicted of a serious sex offence was in 1997 for an attack at a community near Derby when he was 18 years old while in 2007, when he was 28, he was convicted over a particularly heinous third assault.
The first two crimes were committed after Pindan had broken into the victims’ home, while the victim of the 1997 assault was sleeping on a mattress on the verandah of her home with her boyfriend.
On each occasion, the victim woke and screamed or pushed him off, causing him to flee.
The court heard he committed the crimes while heavily drunk and had been smoking cannabis on at least one occasion, and had reoffended after completing his first sex offender program.
‘It was also noted that he had demonstrated limited empathy for the victims,’ Tuesday’s judgment read.
Justice Fiannaca said alcohol and cannabis use remained the greatest risk to Pindan reoffending (stock)
Pindan told his psychiatrist attacking sleeping women was the ‘easy thing to do’ and he had heard friends bragging about doing such things, insisting that it happened on a regular basis in the West Kimberley, but he knew it was wrong.
‘I am satisfied to a high degree of probability that the respondent remains a serious danger to the community,’ Justice Fiannaca said.
He said alcohol and cannabis use remained the greatest risk to Pindan reoffending and it was concerning he had a negative attitude during his second annual continuing detention order review to at least some of the conditions of the proposed supervision order.
These included having to disclose his past offending to any new partner and wearing a GPS bracelet.
The court heard Pindan committed the crimes while heavily drunk and had been smoking cannabis on at least one occasion
‘He perceived the supervision order to be ‘stupid’, as he considers that he is not a danger to anyone,’ the judge said.
But provided suitable accommodation was available, the conditions of the latest supervision order, which would involve a high level of monitoring and intensive engagement with Pindan, would provide adequate protection of the community, the judge said.
He imposed 41 strict conditions and has suppressed publication of the suburb Pindan will reside in.