Attorney-General for the State of Queensland v CBR

In the matter of the Attorney-General for the State of Queensland versus CBR, the Queensland District Court was presented with an application pursuant to section 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003. The primary issue before the Court was whether the respondent, a prisoner convicted of sexual offences against children, constituted a serious danger to the community and if a Division 3 order was required. Additionally, the Court needed to decide whether there was a necessity for the respondent to commence treatment while still in detention.

The Court considered the evidence from three psychiatrists who unanimously opined that the risk of sexual re-offending by the respondent without an order under the Act was high or above average. Their assessment was that a supervision order could reduce this risk to moderate levels. The Court found this evidence sufficiently cogent to conclude that the respondent posed an unacceptable risk of committing a serious sexual offence if released without such an order. The paramount consideration was the adequate protection of the community. Given the unanimous professional opinion that individualised treatment was appropriate, the Court endorsed this recommendation. The Department of Corrective Services confirmed there were no barriers to providing such treatment, which could occur either during detention or post-release under a supervision order.

Based on the evidence and the statutory requirements, the Court ordered that the respondent be detained in custody for an indefinite period for control, care, or treatment under section 13(5)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003. The Court further intended to file an application for annual review following the respondent’s participation in the Getting Started Preparatory Program and consideration of the exit report, with the next review expected by 3 August 2020.