Warning: This story contains distressing details.
A HIV-positive paedophile who committed some of “the worst and most degrading offending” seen by investigating police has had an application for an indefinite detention order declined.
Jadd William Brooker, 42, from Glenelg East, was handed a 36-year sentence last year after pleading guilty to 182 offences of child sexual abuse, aggravated dissemination of child exploitation material, and aggravated producing and possessing child exploitation material between 2016 and 2020.
A court previously heard that Brooker was conversing with a “like-minded individual” about his desire to infect children with HIV.
During a previous hearing, anĀ investigating officer said Brooker’s offending was the “worst and most degrading witnessed in 14 years of investigation”.
A court previously heard Brooker’s victims included boys from Adelaide, New South Wales and Italy, as well as several unidentified children.
Prosecutors had been seeking to have Brooker indefinitely detained on the basis that he is “unwilling to control his sexual instincts” in “a position which was supported by the expert evidence”.
In a decision handed down on Tuesday, Justice Adam Kimber dismissed the application in South Australia’s Supreme Court, stating “the order would have no utility at the end of what would be an inevitably long sentence.”
“Although the respondent is unwilling to control his sexual instincts, it is not appropriate to grant the application,” his judgement read.
“In circumstances where any release is not imminent, the respondent does not pose any risk to the community.”
Justice Kimber noted that an application for continued detention could be made towards the end of Brooker’s sentence.
“It will be open for the Attorney-General to make a fresh application closer to the time of any release,” he said.
Justice Kimber had previously imposed a non-parole period of 29 years, which means Brooker will not be eligible to apply for parole until 2049.
Brooker has filed a notice of appeal with respect to the sentence, which will be heard in November.