Attorney-General for the State of Queensland v Cosh

In Attorney-General for the State of Queensland v Cosh, the respondent, who was subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003, had allegedly contravened the order by consuming cannabis. The Attorney-General opposed the respondent's application for release pending the finalisation of the proceedings for the contravention. The key legal issue before the court was whether there were "exceptional circumstances" that would justify the respondent's release pending the final hearing of the contravention proceedings.

The court considered the meaning of "exceptional circumstances" within the context and purpose of the Act, noting that it required a circumstance that was out of the ordinary course, unusual, special, or uncommon. The court also noted that the object of the Act was to protect the community by reducing the risk posed by dangerous sexual offenders. The court found that the respondent's consumption of cannabis did not constitute an "exceptional circumstance" as it was not unusual or special in the context of the respondent's history. The court also noted that the respondent's prospects of success in the final hearing were uncertain due to the incomplete psychiatric reports.

The court dismissed the application for release under section 21(4) of the Dangerous Prisoners (Sexual Offenders) Act 2003.