Attorney-General for the State of Queensland v. George

Case

[2009] QSC 2

23 January 2009


Details
AGLC Case Decision Date
Attorney-General for the State of Queensland v George [2009] QSC 2 [2009] QSC 2 23 January 2009

CaseChat Overview and Summary

The Attorney-General for the State of Queensland applied for an order under section 13(5) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) ("the Act") seeking that Farlane GEORGE, a prisoner who had been convicted of a serious sexual offence, be subject to a supervision order upon release from custody. The application was made on the basis that there was an unacceptable risk that GEORGE would re-offend if released or released unsupervised. The application was heard in the Supreme Court of Queensland.

The court was required to determine whether GEORGE posed an unacceptable risk of re-offending, and if so, whether an appropriate supervision order could be devised to ensure adequate protection to the community if he were released from custody. The court considered evidence from various sources, including psychiatric and psychological assessments, as well as evidence from the Queensland Corrective Services.

The court found that GEORGE was a serious danger to the community in the absence of an order under Division 3 of the Act. The court was satisfied to the requisite standard that there was an unacceptable risk that GEORGE would re-offend if released or released unsupervised. The court concluded that an appropriate supervision order could be devised that would ensure adequate protection to the community if GEORGE were released from custody. The court ordered that GEORGE be subject to the conditions set out in paragraph [44] of these reasons until 29 January 2019.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Risk Assessment

  • Supervision Order

  • Community Protection

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