Attorney-General for the State of Queensland v Eather

The respondent, Colin Eather, was serving a term of imprisonment for sodomy and indecent assault, which involved circumstances of aggravation. The Attorney-General for the State of Queensland sought a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003, asserting that there was an unacceptable risk Eather would commit a serious sexual offence if released without such an order. The Supreme Court of Queensland was tasked with determining whether the criteria for making a supervision order under the Act were met.

The court had to consider whether the risk of Eather committing a serious sexual offence was such that it constituted an unacceptable risk to the community if he were released without a supervision order. This required an assessment of the evidence presented regarding Eather's likelihood of reoffending and the potential harm to the community if he did so. The court also had to evaluate whether the conditions of a supervision order were appropriate and sufficient to manage the risk Eather posed.

The Supreme Court found that the evidence demonstrated Eather posed a significant risk of committing serious sexual offences if released without a supervision order. The court determined that the risk was unacceptable and that the conditions outlined in Annexure A were necessary to adequately manage that risk. Consequently, the court made a supervision order under the Act, subject to the specified conditions. This decision was based on a thorough evaluation of the evidence and the statutory criteria for imposing such an order.