Attorney-General for the State of Queensland v DBK

The Court was asked to consider whether the respondent, a man with a history of sexual offending, should be released from custody under the terms of an existing supervision order. The applicant, the Attorney-General for the State of Queensland, argued that the respondent had contravened the supervision order and sought orders under the Dangerous Prisoners (Sexual Offenders) Act 2003. The respondent had admitted to the breaches, and the Court was required to determine whether he should be released under the existing supervision order.

The Court considered the evidence from three psychiatrists who had assessed the risk of the respondent reoffending. The psychiatrists agreed that the respondent's risk of sexual recidivism could be managed by the supervision order, which required him to abstain from alcohol, engage in psychological therapy, and disclose his activities. The evidence showed that the risk could be adequately managed under the existing supervision order. There was no evidence to suggest that the supervision order should be extended or amended.

The Court found that the respondent had contravened the supervision order and ordered that he be released from custody on 24 April 2020 and continue to be subject to the supervision order made by Holmes CJ on 23 May 2016. The Court was satisfied that the risk posed by the respondent could be managed under the existing supervision order. The psychiatrists' evidence supported this conclusion, and there was no evidence to suggest that the supervision order should be altered.

In summary, the Court found that the respondent had contravened the supervision order and ordered his release from custody under the terms of the existing supervision order. The Court was satisfied that the risk posed by the respondent could be managed under the supervision order, and there was no evidence to suggest that the order should be extended or amended.