A NOTORIOUS sex fiend seeking release from an indefinite jail term was not physically capable of committing similar crimes if released, his lawyer says.
Ian Robert Smith, 42, was in the Supreme Court before Justice Shan Tennent to argue against the dangerous criminal declaration that has kept him in Risdon since 1995.
Yesterday Smith's lawyer, Greg Barns, claimed that although his client was keen to begin a sex-offenders treatment program in prison, a chronic heart condition prevented him from completing the 100m journey to the jail's treatment centre on foot.
Mr Barns also said that his client's bad health meant that he was a physically diminished version of the person jailed nearly 18 years ago, and therefore less able to commit similar crimes of violence upon release.
Opposing the application, Crown Prosecutor Patrick Dixon detailed Smith's shocking history of sex offences dating back to the 1980s, which resulted in three terms of imprisonment.
In 1995 Smith was found guilty of two counts of rape and one of aggravated sexual assault on a 24-year-old woman.
In prison he has committed offences against female staff members.
"The applicant's victims have included women, adolescents and children," Mr Dixon said.
"[He] has failed to convince the court the dangerous criminal declaration is no longer warranted and his application should be dismissed."
Justice Tennent reserved her decision.
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