Attorney-General for the State of Queensland v Bewert

The case of Attorney-General for the State of Queensland v Bewert involved the respondent, Henry Bewert, who was subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The respondent contravened the terms of the supervision order by committing an offence of a sexual nature. The legal issues the court needed to address were whether the respondent should be detained in custody for an indefinite term for care, control or treatment due to the risk of committing further offences of a sexual or violent nature.

The court considered the evidence presented, including psychiatric reports that indicated the respondent posed a high risk of reoffending. The court was satisfied that the respondent had breached the conditions of the supervision order and that there was no evidence to suggest that a supervision order would be effective in reducing the respondent's risk of reoffending. The court found that the respondent's most recent criminal behaviour was committed while on a supervision order, and the fact that he was armed with a knife during the attack demonstrated the seriousness of the risk he posed to the community. The court concluded that the consequence of the risk, if it were to be realised, would be of such a significant danger to the community that it was not possible to address that risk through the terms of a supervision order.

The court rescinded the supervision order made on 8 April 2013 and ordered that the respondent be detained in custody for an indefinite term for care, control or treatment. The court also noted that the respondent would be able to undertake the Inclusions Sexual Offending Program, which would provide approximately 120 hours of interaction over a lengthy period of time in a program that would not be available to the respondent were he not detained in custody.