A-G (Qld) v Jackway - [2015] QSC 26

SUPREME COURT OF QUEENSLAND

CITATION:

A-G (Qld) v Jackway [2015] QSC 26

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(applicant)
v
DOUGLAS BRIAN JACKWAY

(respondent)

FILE NO:

BS7422 of 2011

DIVISION:

Trial Division

PROCEEDING:

Application for periodic review

DELIVERED ON:

9 February 2015 (ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

9 February 2015

JUDGE:

Mullins J

ORDER:

The Court affirms the decision of Acting Justice O’Brien made on 28 February 2012 that the respondent, Douglas Brian Jackway, is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 and orders that:

1. The respondent, Douglas Brian Jackway, continue to be subject to the continuing detention order.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent detained under a continuing detention order under Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where the applicant applied for the order to be reaffirmed under section 30 of the Act – where psychiatrists opined that the respondent was a high risk of reoffending sexually if released under a supervision order – where the respondent was involved in assaults and breaches in prison since the previous periodic review – whether the respondent should continue to be detained under the Act

Dangerous Prisoners (Sexual Offenders) Act 2003, s 13, s 30

COUNSEL:

J M Horton QC for the applicant

C L Morgan for the respondent

SOLICITORS:

G R Cooper, Crown Solicitor for the applicant
Legal Aid Queensland for the respondent

HER HONOUR: This is a periodic review of a continuing detention order that was made by Justice O’Brien on the 28^th of February 2012 and affirmed by Justice Daubney on 20 December 2013. The continuing detention order was made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (the Act). The applicant, who is the Attorney-General, applies for that order to be affirmed again under section 30 of the Act.

Mr Jackway does not contest the finding based on the evidence of the reporting psychiatrists that he is a serious danger to the community in the absence of a division 3 order and accepts that that part of the order that was originally made should be affirmed. Mr Jackway submits that the protection of the community from the risk he represents can be adequately managed by the imposition of a supervision order. Mr Jackway wants to be given the same “go” that other prisoners who have completed their sentences for sexual offences have been given and be given an opportunity to show that he can function in the community under a supervision order without committing sexual offences.

It is not a question of whether or not a person should be given a “go”. Under section 30, subsection (4), of the Act, in deciding whether or not to make a continuing detention order or a supervision order, I…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading A-G (Qld) v Jackway

Details

AGLC: A-G (Qld) v Jackway [2015] QSC 26
Case: [2015] QSC 26
Decision Date: 9 February 2015 (ex tempore)

CaseChat Overview and Summary

The matter before the court involved the Attorney General of Queensland seeking the affirmation of a continuing detention order against Douglas Brian Jackway, who is detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The application was brought pursuant to section 30 of the Act, which allows for the reaffirmation of a continuing detention order if the person remains a serious danger to the community. The court was required to determine whether the evidence supported the conclusion that Jackway posed a high risk of reoffending sexually if released under a supervision order.

The legal issues central to the case involved the interpretation of the Dangerous Prisoners (Sexual Offenders) Act 2003 and the determination of whether the respondent remained a serious danger to the community. The court had to consider the opinions of psychiatrists, the history of the respondent's behaviour, and any relevant incidents that occurred during his incarceration, including assaults and breaches in prison. The key issue was whether these factors justified the continuation of the detention order under the Act.

In rendering its decision, the court found that the evidence provided by psychiatrists indicated that Jackway remained a high risk of reoffending sexually if released under a supervision order. The court also noted the respondent's involvement in assaults and breaches in prison since the previous periodic review. Based on these findings, the court affirmed the earlier decision of Acting Justice O'Brien that Jackway is a serious danger to the community and ordered that he continue to be subject to the continuing detention order.

Orders

Orders of the court

The Court affirms the decision of Acting Justice O’Brien made on 28 February 2012 that the respondent, Douglas Brian Jackway, is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 and orders that:

1. The respondent, Douglas Brian Jackway, continue to be subject to the continuing detention order.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	A-G (Qld) v Jackway [2015] QSC 26
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v DOUGLAS BRIAN JACKWAY (respondent)
FILE NO:	BS7422 of 2011
DIVISION:	Trial Division
PROCEEDING:	Application for periodic review
DELIVERED ON:	9 February 2015 (ex tempore)
DELIVERED AT:	Brisbane
HEARING DATE:	9 February 2015
JUDGE:	Mullins J
ORDER:	The Court affirms the decision of Acting Justice O’Brien made on 28 February 2012 that the respondent, Douglas Brian Jackway, is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 and orders that: 1. The respondent, Douglas Brian Jackway, continue to be subject to the continuing detention order.
CATCHWORDS:	CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent detained under a continuing detention order under Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where the applicant applied for the order to be reaffirmed under section 30 of the Act – where psychiatrists opined that the respondent was a high risk of reoffending sexually if released under a supervision order – where the respondent was involved in assaults and breaches in prison since the previous periodic review – whether the respondent should continue to be detained under the Act Dangerous Prisoners (Sexual Offenders) Act 2003, s 13, s 30
COUNSEL:	J M Horton QC for the applicant C L Morgan for the respondent
SOLICITORS:	G R Cooper, Crown Solicitor for the applicant Legal Aid Queensland for the respondent