Attorney-General for the State of Queensland v Anthony James Donovan

The Attorney-General for the State of Queensland filed an application under the Dangerous Prisoners (Sexual Offenders) Act 2003, seeking to detain Anthony James Donovan in custody for an indefinite term, for care, control, or treatment. The alternative application sought Donovan's release from custody, subject to a supervision order. Donovan, who had been acquitted of a potentially relevant offence, argued for his release from custody subject to a supervision order. The central issue before the court was whether Donovan's release from custody on a supervision order would provide adequate protection to the community against the commission of a serious sexual offence.

The court considered the risk Donovan posed to the community and the effectiveness of a supervision order in mitigating that risk. Donovan had a history of serious sexual offences, and the court acknowledged the gravity of the crimes he had committed. However, the court also considered evidence regarding Donovan's adherence to a medication regime, which had been effective in reducing his risk of reoffending. The court found that Donovan's failure to adhere to the medication regime constituted a breach, but noted that the medication could be administered by injection, making it feasible to ensure compliance. The court concluded that Donovan's release from custody on a supervision order, with appropriate conditions, would provide adequate protection to the community.

The court ordered Donovan's release from custody and continued supervision under the terms of the order made on 17 February 2020. The court also directed that copies of the reports of Dr Josephine Sundin and Dr Scott Harden be provided to Donovan's treating psychiatrist and to Queensland Health. This decision highlights the careful balancing act required in cases involving the detention of individuals under the Dangerous Prisoners (Sexual Offenders) Act, taking into account both the risk to the community and the individual's rights and treatment needs.