Attorney-General for the State of Queensland v Doolan

Case

[2015] QSC 108

1 May 2015


Details
AGLC Case Decision Date
Attorney-General for the State of Queensland v Doolan [2015] QSC 108 [2015] QSC 108 1 May 2015

CaseChat Overview and Summary

The Attorney-General for the State of Queensland filed an application for an annual review of a continuing detention order made in relation to Geoffrey Doolan, a convicted dangerous sexual offender, under section 27 of the Dangerous Prisoners (Sexual Offenders) Act 2004. The application sought to affirm the original decision by Applegarth J that Doolan was a serious danger to the community in the absence of a continuing detention order. The court was required to determine whether Doolan remained a serious danger to the community and if the original detention order should be rescinded in favour of a supervision order, effective from 4 May 2015.

The court considered various pieces of evidence, including Dr Sundin's recommendations for Doolan's management within the community, and the arrangements made by the High Risk Offender Management Unit for Doolan's release under a supervision order. Cassandra Cowie, the Acting Manager of the High Risk Offender Management Unit, outlined the measures in place for Doolan's supervision and support in the community, including psychological intervention, cultural support, and substance abuse programs. The court also noted Doolan's openness in discussing his offending and his ability to explain why his actions were inappropriate. The court had to weigh this evidence against the risk Doolan posed to the community and decide whether the supervision measures were adequate.

In its decision, the court was satisfied that Doolan remained a serious danger to the community without ongoing detention. However, the court decided to rescind the continuing detention order and instead, order Doolan's release from custody on 4 May 2015, subject to the requirements of a supervision order until 4 May 2020. This decision balanced the risk Doolan posed with the evidence of his willingness to engage in treatment and support programs.

The court ordered that the decision of Applegarth J affirming Doolan as a serious danger to the community be affirmed, the continuing detention order made on 3 May 2013 be rescinded, and Doolan be released from custody on 4 May 2015. From that date, Doolan would be subject to the requirements of a supervision order until 4 May 2020.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Dangerous Sexual Offender

  • Supervision Orders