Attorney General for Queensland v. Francis

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney‑General for Queensland v Francis [2007] QSC 328

PARTIES:

ATTORNEY‑GENERAL FOR QUEENSLAND
(applicant)
v

DARREN ANTHONY FRANCIS
(respondent)

FILE NO/S:

BS 3069 of 2004

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

7 November 2007

DELIVERED AT:

Brisbane

HEARING DATE:

2, 3, 31 August, 13 September and 30 October 2007

JUDGE:

Philippides J

ORDER:

Order as contained in [39] of these reasons

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGEMENT AND PUNISHMENT – OTHER MATTERS – the respondent was released from custody subject to conditions pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – the respondent committed breaches of some of those requirements – whether there is an unacceptable risk that the respondent will commit a serious sexual offence if released or if released without a supervision order – whether the requirements of the supervision order ought to be amended

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 11, s 13(5), s 22

COUNSEL:

M Hinson SC, with J Horton, for the applicant

N Cooke QC, with M Rinaudo Lewis, for the respondent

SOLICITORS:

Crown Law for the applicant

Aboriginal & Torres Strait Islander Legal Service (Qld Sth) Ltd for the respondent

1. PHILIPPIDES J:  The respondent, Darren Anthony Francis, was convicted of violent sexual offences against two women for which he was sentenced to terms of imprisonment in New South Wales and Queensland.  He was due for release on expiry of the Queensland sentence on 8 May 2004, but was detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (“the Act”) on 13 August 2004 when he was made the subject of a continuing detention order by Byrne J pursuant to s (13)(5)(a).[1]  

   [1]Attorney-General (Qld) v Francis [2004] QSC 233.

1. On the annual review conducted pursuant to the Act on 21 December 2005, Mackenzie J ordered that the respondent continue to be subject to the continuing detention order.[2]  An appeal against that decision was allowed by the Court of Appeal, which set aside the decision of Mackenzie J[3] and on 26 September 2006 made a supervision order under s (13)(5)(b) of the Act, providing that the respondent be released from custody on 28 September 2006 subject to various conditions.[4]  The order provided that, for a period of six years until 28 September 2012, the respondent be subject to 25 conditions.

   [2]Attorney-General (Qld) v Francis [2005] QSC 381.

   [3]Attorney-General (Qld) v Francis [2006] QCA 324.

   [4]Attorney-General (Qld) v Francis [2006] QCA 372.

1. The respondent was released from custody subject to the supervision order on 28 September 2007 and resided at boarding house accommodation in Fortitude Valley as required by the terms of the supervision order.

1. The supervision order included the following conditions:

“The respondent must:

…

(xv)not enter into an intimate relationship within 12 months of the commencement of this order;

(xvi)notify the Supervising Corrective Services Officer of all personal relationships entered into by the respondent;

…

(xviii)abstain from illicit drugs for the…