Attorney-General for the State of Qld v Dicinoski

In the Supreme Court of Queensland, the Attorney-General for the State of Queensland brought proceedings against Adrian Malcolm Dicinoski, seeking a Division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003. The applicant sought either continued detention for control, care, or treatment or, alternatively, release subject to a supervision order. The court was required to determine whether Mr Dicinoski should be subject to such a Division 3 order based on his history of serious and violent sexual offences.

The legal issue before the court was whether Mr Dicinoski's history of sexual offending and violent behaviour warranted his continued detention under the Act or if he could be released on a supervision order. The court considered Mr Dicinoski's criminal history, which included multiple instances of rape, attempted rape, and acts of violence, particularly those committed against his fiancée and a stranger. The court also took into account his alcohol abuse and the impact it had on his offending behaviour. In making its decision, the court was required to assess the risk Mr Dicinoski posed to the community and whether there were measures in place that could adequately manage that risk.

The court found that, while Mr Dicinoski had committed serious and violent sexual offences, there was sufficient evidence to suggest that he could be managed in the community under a supervision order. The court noted that Mr Dicinoski had shown some level of insight into his offending behaviour and had engaged in treatment programs during his incarceration. The court concluded that the risk of Mr Dicinoski reoffending could be sufficiently managed through a structured supervision order. Accordingly, the court ordered that Mr Dicinoski be subject to a supervision order in terms of the order in the attached Schedule for a period of 10 years.

Pursuant to s 13(5)(b) of the Dangerous Prisoners (Sexual Offenders) Act 2003, the respondent be subject to a supervision order in terms of the order in the attached Schedule for a period of 10 years.