Attorney-General for the State of Queensland v Cosh (No 2)

The case involves Allan James Cosh, a person under a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA), who contravened a provision of the supervision order by consuming cannabis. The Attorney-General for the State of Queensland sought orders against Cosh as a result of the contravention. The primary legal issue was whether the adequate protection of the community from Cosh committing a serious sexual offence could be ensured by him being released on the supervision order, despite the contravention. This required consideration of the meaning of "adequate protection of the community" under the DPSOA.

The court examined the psychiatric evidence and concluded that, despite the contravention, the risk posed by Cosh to the community could be ensured by his release on supervision. The Attorney-General conceded that adequate protection of the community from the commission by Cosh of a serious sexual offence could be ensured by him being released on the supervision order. The court found that the supervision order could be maintained, with appropriate amendments, to ensure adequate protection of the community. Consequently, the court ordered Cosh to be released from custody and continue to be subject to the supervision order, with necessary amendments to the order.

The final orders of the court were that Cosh be released from custody before 9.00 am on 1 March 2021 and continue to be subject to the supervision order made on 24 July 2017.