A-G for the State of Qld v. Ward

Case

[2007] QSC 33

21 February 2007


Details
AGLC Case Decision Date
A-G for the State of Qld v Ward [2007] QSC 33 [2007] QSC 33 21 February 2007

CaseChat Overview and Summary

The Attorney General for the State of Queensland sought an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) in relation to Allan William Ward, a prisoner serving a sentence for sexual offences against children. The Attorney General sought a declaration that Ward posed an unacceptable risk of re-offending if released or released unsupervised, and that an appropriate supervision order could be devised to ensure adequate protection to the community. Ward opposed the application.

The court had to determine whether Ward met the criteria of a dangerous sexual offender under the Act, specifically whether there was an unacceptable risk he would re-offend if released or unsupervised, and if so, whether a supervision order could be devised to adequately protect the community. The court relied on the evidence of three psychiatrists, who assessed Ward's risk of re-offending based on his history of sexual offences, diagnosed conditions, and other factors. The psychiatrists concluded that Ward had a moderate to high risk of re-offending, and that his diagnosed conditions did not lessen this risk.

The court found that Ward met the criteria of a dangerous sexual offender under the Act, as he posed a serious danger to the community in the absence of an order. The court was satisfied to the requisite standard that Ward was a serious danger to the community, and that a supervision order could be devised to ensure adequate protection to the community. The court made an order declaring that Ward is a dangerous sexual offender, and that he be subject to certain conditions until 1 February 2017, or until further order of the Court.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Dangerous Offenders

  • Expert Evidence

  • Risk Assessment

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