Attorney-General for the State of Queensland v Bragg

In the Supreme Court of Queensland, the Attorney-General for the State of Queensland brought proceedings against Bragg, a person subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003. The respondent had breached the order on two occasions by consuming cannabis. The central issue before the court was whether the supervision order should be amended, considering that expert opinion did not conclude that the two occasions of cannabis consumption increased the risk of sexual re-offending, but acknowledged the potential for future escalation of cannabis use to increase that risk.

The court considered the primary purpose of the supervision order, which was to ensure adequate protection of the community from the risk of sexual re-offending by the respondent. The court acknowledged that while the two instances of cannabis consumption did not immediately escalate the risk of sexual re-offending, the potential for future escalation warranted consideration. The court determined that the existing supervision order, as amended, remained sufficient to ensure the protection of the community.

In light of the above, the court decided that no further amendment to the supervision order was necessary at that time. The court was satisfied that the existing order, as amended, continued to provide adequate protection of the community against the risk of sexual re-offending by the respondent.

ORDERS:
A supervision order be made in terms of the order made on 1 March 2007, as amended by the order of Justice Douglas made on 27 March 2008.