A-G v Watego

SUPREME COURT OF QUEENSLAND

CITATION:

A-G v Watego  [2003] QSC 367

PARTIES:

RODNEY JON WELFORD, ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
DAVID GREGORY WATEGO
(respondent)

FILE NO:

8811 of 2003

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

31 October 2003

DELIVERED AT:

Brisbane

HEARING DATE:

30 October 2003

JUDGE:

Muir J

ORDER:

Application dismissed

CATCHWORDS:

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – Other Matters – Queensland – where the applicant sought preliminary orders under s 8(2)(a) and (b) of the Dangerous Prisoners’ (Sexual Offenders) Act 2003 – whether in the circumstances such orders should be made

EVIDENCE – AFFIDAVITS AND STATUTORY DECLARATIONS – AFFIDAVITS – Other Matters – where s 7 of the Act specifies the circumstances in which affidavit material can be relied on in an application brought under the Act – where affidavit material relied on by the applicant did not conform with s 7 of the Act – whether in the circumstances the affidavit materials can be relied on by the applicant

PROCEDURE – COURTS AND JUDGES GENERALLY – COURTS – Other Matters – where the applicant sought to rely on written materials at the hearing of its application and the respondent had limited time within which to consider and respond to those materials – whether the respondent would be denied natural justice if not allowed further time to consider the materials

Dangerous Prisoners’ (Sexual Offenders) Act 2003 (Qld), s 5(4), s 7, s 8, s 13(1), s 13(2), s 13(5)(a), s 13 (6), s 13(7)
Evidence Act 1977 (Qld), s 92

Deputy Commission of Taxation v Ahern [1988] 2 Qd R 158
Lisafa Holdings Pty Ltd v Gaming Tribunal (1992) 26 NSWLR 391
Pownall v Conlan Management Pty Ltd (1995) 12 WAR 370
R v Turner [1975] QB 834
Steffen v Ruban [1966] 2 NSWR 622

COUNSEL:

B Thomas for the applicant
D S Perkins for the respondent

SOLICITORS:

C W Lohe Crown Solicitor for the applicant
Lawson Lawyers for the respondent

MUIR J: 

The nature of the application and the relevant legislation

1. By an originating application filed on 24 October 2003, the applicant Attorney-General seeks an order pursuant to s 13(5)(a) of the Dangerous Prisoners’ (Sexual Offenders) Act 2003 (“the Act”) that the respondent be detained in custody for an indefinite term for care, control and treatment. That substantive relief is not a matter for determination on this hearing.

1. The matter for determination is whether interim orders should be made requiring that –

(a)        Pursuant to s 8(2)(a) of the Act, the respondent undergo psychiatric examination by two psychiatrists named by the court with a view to their preparing independent reports;

(b)        Pursuant to s 8(2)(b) of the Act, the respondent be retained in custody until such as the court is able to determine the application under s 13(5)(a).

1. The applicant is an inmate of the Palen Creek Correctional Centre and is entitled to release from prison on 31 October 2003.

1. Section 8 of the Act provides…