A-G (Qld) v Jackway

The Attorney-General of Queensland applied for a continuation of the detention of the respondent, who was already held under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The application was brought following the reporting psychiatrists’ opinion that the respondent remained prone to impulsive behaviour, with a risk of absconding, substance abuse and sexual offending. The respondent opposed the application. The primary issue before the court was whether the respondent continued to pose a serious danger to the community, and therefore, whether he should remain detained under the Act. A secondary issue was whether the previous determination by the court that the respondent was a serious danger to the community was correct.

The court found that the evidence of the reporting psychiatrists was that the respondent remained given to impulsive behaviour, with a risk of absconding, substance abuse and sexual offending. The court found that the risk was sufficiently high to conclude that the respondent continued to pose a serious danger to the community, and that he should remain detained under the Act. The court also found that the previous determination that the respondent was a serious danger to the community was correct. The court found that the psychiatrists’ reports, and the expert evidence, supported the previous finding. The court found that the respondent’s submissions did not rebut the evidence of the psychiatrists, and the court found that the psychiatrists’ evidence was cogent and compelling.

The court ordered that the continuing detention order be reaffirmed, and that the respondent continue to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The court also affirmed the previous finding that the respondent is a serious danger to the community in the absence of a Division 3 Order.