A serial sex offender is set to be released from jail, 20 years after being put by behind bars, following a successful appeal to the High Court.

Jacob Arthur Wichen broke into a 65-year-old woman's house in Port Augusta and tried to rape her in 2002.

He was sentenced to 10 years' jail in 2005 but, in 2011, he was declared incapable of controlling his sexual instincts and detained indefinitely.

Wichen lost an application to South Australia's Court of Appeal to be released last year but, in July this year, the High Court sent the bid back to the state Supreme Court for a new decision.

The High Court found the state court should have taken into account the conditions Wichen would be subject to on release as affecting his willingness to control his sexual instincts. 

In a new judgement published yesterday, South Australia's Chief Justice, Chris Kourakis, allowed Wichen's application to be released because there was "not a significant risk that the applicant will fail to exercise appropriate control of his sexual instincts if released on the proposed licence conditions, despite the risk that the applicant will not abide by all of the conditions of his release at all times".

A final order for his release is subject to the Parole Board indicating the conditions it will impose. 

As well as the 2002 crime, Wichen also committed assault with intent to rape in 1991 at Port Augusta and was found guilty of attempt to rape and unlawful imprisonment in the same town in 1993, four weeks after being released on parole.

He was put back in jail after an assault with intent to rape and robbery with violence conviction in Port Lincoln in 1997.

Strict conditions for release

Justice Kourakis said Wichen could be released in February next year, subject to confirmation of the availability of suitable accommodation and conditions imposed by the Parole Board.

The Parole Board previously told the court in a report that there was a shortage of supported accommodation in Adelaide, where Wichen would be living.

Justice Kourakis published a list of proposed conditions that matched one from the Director of Public Prosecutions (DPP).

Apart from that, the DPP had also suggested that Wichen should not take any illegal drug or unprescribed medication.

The 24 conditions listed in court include that Wichen not commit any crimes, that he not travel interstate without permission, that he wear a GPS tracking device, that he reside at the address nominated by the Parole Board, that he not drink alcohol nor enter licensed premises and that he follow various directions from a community corrections officer.

Child sex offender Darryl Martin Hore also won his appeal to the High Court to be considered for release, but no decision has yet been made in his case.