Attorney-General for the State of Queensland v DJH

In the Supreme Court of Queensland, the Attorney-General for the State sought an order under section 13(5)(b) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) that DJH, the respondent, be released from custody subject to a supervision order. DJH had served an eight-year sentence for the rape of a child under 12. The court was required to determine whether DJH posed a significant risk to public safety and if his release subject to a supervision order was appropriate.

The primary legal issue before the court was whether DJH's diagnosis of paedophilia, frotteurism, transvestitism, and exhibitionism, along with his high risk of reoffending, justified the making of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The court considered the statutory criteria and expert evidence presented, including assessments of DJH's risk of reoffending and the potential benefits of a supervision order in mitigating that risk. The court also took into account the principle of proportionality in sentencing and the balance between the rights of the offender and the protection of the community.

The Supreme Court held that DJH's mental health conditions and high risk of reoffending warranted the making of a supervision order. The court accepted the expert evidence and concluded that the order would provide the necessary oversight and support to manage DJH's risk to the public. The court further found that the supervision order was proportionate to the risk DJH posed and would not unduly infringe on his rights. Therefore, the court made the supervision order as per the schedule to these reasons.