Attorney-General for the State of Queensland v Cooney

The case of Attorney-General for the State of Queensland v Cooney was heard in the Supreme Court of Queensland. The respondent, Peter Raymond Cooney, was subject to a supervision order under section 13(5)(b) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), and subsequently contravened the order. The Court was required to determine whether, despite this contravention, the adequate protection of the community could be ensured by the existing supervision order.

The legal issue before the Court was whether, pursuant to section 22(2) of the Act, the respondent could satisfy the Court on the balance of probabilities that the adequate protection of the community could be ensured by the existing supervision order. The onus of persuasion was on the respondent to demonstrate that the community could be adequately protected despite the contravention. The Court heard psychiatric evidence from two psychiatrists who had reported on the respondent and his risk of reoffending. Both psychiatrists concluded that the respondent was at high risk of reoffending in the form of a serious sexual offence, but that this risk could be modified by a community supervision order under the Act.

The Court concluded that the psychiatrists were correct in their assessment that the prevention of the commission of a serious sexual offence was attributable to the fact that the respondent was taken back into custody for breaches of the supervision order, and not the result of the supervision order itself. The Court was satisfied that had the respondent remained in the community under the supervision order, the risk of the commission of a serious sexual offence would have remained. The Court, therefore, ordered that the supervision order made on 27 November 2017 be rescinded and that the respondent be detained in custody for an indefinite term for control, care, or treatment.