A-G for the State of Qld v Crawford

The Supreme Court of Queensland was presented with an application by the Attorney-General for the State of Queensland to review a Supervision Order for the respondent, who had contravened a condition of his order by consuming alcohol. The Attorney-General applied for relief under s 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) to either rescind the Supervision Order and make a continuing detention order or amend the Supervision Order to ensure adequate community protection. The central legal issue for the Court was whether the existing Supervision Order should be amended to prevent the respondent from unsupervised contact with male children under 16 years of age or whether the Order should be rescinded and the respondent detained.

The Court considered the respondent's extensive criminal history, which included multiple convictions for sexual offences against children. The Court was also presented with psychiatric evaluations indicating that the respondent had a diagnosed attention deficit disorder, a history of childhood sexual abuse, and a tendency towards deviant sexual fantasies. The Court noted that the respondent's offending was often driven by stress and substance use, and that he posed a significant risk to male minors. The Court held that while the respondent had made limited gains in treatment, his risk profile was such that significant restrictions on his contact with children were necessary to protect the community. The Court determined that amending the Supervision Order to prohibit unsupervised contact with male children under 16 years of age, with strict conditions for any contact, would adequately protect the community and allow the respondent to be released from custody.

The Court made an order under s 22(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003, releasing the respondent from custody and continuing the Supervision Order with the specified amendment to requirement (30). The order required the respondent to disclose the terms of the order and the nature of his offences to the guardians and caregivers of any children before any contact could occur, and permitted Queensland Corrective Services to share relevant information with guardians, caregivers, and external agencies to ensure child safety.