Attorney-General for the State of Queensland v Allwood

The Court was asked to consider whether it should make a continuing detention order for Gordon Anthony Allwood, who had contravened a supervision order made under the Dangerous Prisoners (Sexual Offenders) Act 2003. The contravention related to an offence of procuring a child to engage in sexual activity outside Australia. Allwood had pleaded guilty to the offence and was sentenced to four years imprisonment. The underlying issue for the Court was whether Allwood's untreated paedophilic disorder and his risk of reoffending warranted indefinite detention. The consultant psychiatrists agreed that Allwood remained a high risk of further sexual offending if released into the community, regardless of a supervision order.

The Court noted that Allwood's breach of the supervision order involved serious sexual offending against a child. It was also noted that Allwood's underlying paedophilic disorder diagnosis remains untreated due to his dishonest and uncooperative attitude towards treatment. The Court considered the risk of Allwood reoffending if released into the community, and the need to protect the community from further harm. The Court concluded that Allwood remained a high risk of reoffending and that his indefinite detention was necessary for the protection of the community. The Court also noted that Allwood's uncooperative attitude towards treatment meant that it was unlikely that he would receive the necessary treatment while at large.

The Court made a continuing detention order for Allwood under s 22(2)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003. The Court also rescinded the supervision order made by Davis J on 6 November 2017. Allwood is to be detained in custody for an indefinite term for care, control or treatment. The Court considered that this was the only appropriate course of action to protect the community from the risk of Allwood reoffending. The Court noted that Allwood's untreated paedophilic disorder and his high risk of reoffending warranted indefinite detention. The Court also noted that Allwood's uncooperative attitude towards treatment meant that it was unlikely that he would receive the necessary treatment while at large.