One of Western Australia’s most notorious serial paedophiles, Dennis McKenna, is set to be released from prison within weeks, despite being officially declared a High Risk Serious Offender by the WA Supreme Court today.
The legal designation, which typically opens the door for a continuing detention order to keep dangerous offenders behind bars indefinitely, did not result in a longer prison stay in this instance. Instead, Justice Marcus Solomon ruled that McKenna will be released back into the community, albeit under a rigorous set of 41 strict conditions.
McKenna is currently serving time for the systematic sexual abuse of young boys during his tenure as a school boarding hostel warden in Katanning throughout the 1970s and 80s. His history of abuse, which led to multiple convictions between 1991 and 2015, has left a trail of devastation for his 29 known victims.
During the hearing, Justice Solomon acknowledged the immense public concern surrounding the release. He noted that while McKenna’s presence in the community carries a significant risk of re-traumatizing his victims, that factor alone does not meet the legal threshold for indefinite detention under the current act.
“Re-traumatising of victims is not a commission of an offence, therefore the prospect of it happening — as appalling as it is — is not a power that allows continuing the detention of an offender under the act,” Justice Solomon stated. He emphasized that the court’s primary function is to assess risk rather than impose further punishment, warning that judicial independence relies on ignoring public indignation or “media chatter.”
The release order includes extensive restrictions intended to mitigate risk. McKenna is strictly prohibited from contacting any of his 29 victims and is banned from being near children or parks with playgrounds. He must also report any new relationships to corrective services and is permanently barred from entering the town of Katanning, where the abuse occurred.
For victims and their families, the decision is a painful blow. Kaye Anderson, whose two sons were victims of McKenna and both later died by suicide, expressed profound disappointment that the justice system did not prioritize permanent detention.
“I don’t think the justice system has realized how bad his offending was and he should never, ever be released,” Ms. Anderson said, describing the ongoing impact on families as a “mental torment, day in, day out.” Despite the court’s ruling, she vowed to continue her advocacy. “Don’t worry, I’m not giving up. I’ve still got life in me.”
McKenna, who was first jailed in 1991 and later received a 15-and-a-half-year sentence in 2011, will remain under the supervision of state authorities as he transitions to life under the stringent conditions imposed by the court.
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