Attorney-General for the State of Queensland v BYM

The Attorney-General for the State of Queensland brought this case against a respondent, identified as BYM, concerning sentencing orders under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The matter was heard in the Queensland Supreme Court, where the court was asked to address the implications of the respondent’s temporary release and subsequent return to custody on the duration of his supervision order.

The primary legal issue before the court was the interpretation and application of section 24 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). Specifically, the court needed to determine whether the brief period the respondent was in custody for a non-sexual offence should extend the term of his supervision order. The court also had to consider whether the respondent’s temporary release and return to custody constituted a breach of the supervision order terms.

In delivering the judgment, the court noted that the respondent had been released under a supervision order on 9 June 2021, which was set to expire on 22 June 2031. However, the respondent was briefly held in custody for 13 days from 23 March to 4 April 2022 for an offence unrelated to sexual crimes. The court found that under section 24 of the Act, any period the respondent spends in custody for an offence other than a sexual offence should extend the duration of his supervision order. Consequently, the court extended the supervision order to expire on 5 May 2031. Additionally, the court concluded that the respondent’s brief period in custody did not absolve him from his obligations under the supervision order, and as such, he remained subject to its terms.

The final orders of the court were that the respondent’s supervision order, originally set to expire on 22 June 2031, be extended by 13 days to 5 May 2031. The court also mandated that the respondent continue to be subject to the conditions of the supervision order following his release from custody.