Attorney-General for the State of Queensland v Dunrobin

The Supreme Court of Queensland was called upon to decide whether the respondent, who had been convicted of multiple serious sexual offences against minors, should remain subject to a continuing detention order or be released under a supervision order. The respondent had been in continuous custody since 2014 and had been subject to a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) since 25 February 2019. The applicant, the Attorney-General for the State of Queensland, argued that the evidence supported the continuation of the continuing detention order, while the respondent contended that a supervision order would be sufficient to ensure adequate community protection.

The court considered the respondent’s extensive history of sexual offending against minors, his high unmodified risk of reoffending, and his lack of insight into his offending behavior. The court also evaluated the effectiveness of the treatment programs the respondent had participated in while in custody. The psychiatrists providing evidence in the case highlighted that the respondent needed to engage in a substance abuse program and individual psychological treatment, but these could be undertaken in the community upon his release. Despite the respondent's positive engagement in some treatment programs, the court concluded that these were insufficient to reduce his high risk of reoffending significantly. The court found that a supervision order could not reasonably and practicably manage the respondent's risk to the community.

The court ultimately affirmed the decision that the respondent was a serious danger to the community in the absence of a Part 2 Division 3 order and ordered that he continue to be subject to the continuing detention order. The court concluded that the applicant had satisfied the onus of proving that the continuing detention order should continue.

The orders of the Court were that the decision of Jackson J made on 25 February 2019 that the respondent is a serious danger to the community in the absence of a Part 2 Division 3 order be affirmed, and that the respondent continue to be subject to the continuing detention order made by Jackson J on 25 February 2019.