Attorney-General for the State of Queensland v Griffin

In the matter of the Attorney-General for the State of Queensland v Griffin, the respondent was released under a supervision order in 2012, which was later amended in 2018. The applicant sought an order that the Court rescind the supervision order and order that the respondent be detained in custody for an indefinite term, or that the respondent be released on the supervision order subject to amended conditions. The respondent argued that the adequate protection of the community could be ensured by an amended supervision order extending its duration by two years. The Court had to determine whether the applicant had satisfied the Court on the balance of probabilities that the respondent had contravened the supervision order and whether the respondent had satisfied the Court on the balance of probabilities that the adequate protection of the community could be ensured by the supervision order in its current form or as amended.

The Court considered evidence from Dr Josephine Sundin and Dr Scott Harden, who both assessed the respondent as having mixed personality disorder, exhibitionistic disorder, and frotteuristic disorder. The Court was satisfied on the balance of probabilities that the respondent had contravened the supervision order by accessing pornography and failing to report this to his supervising officer. The Court also found that the adequate protection of the community could not be ensured by the supervision order in its current form or as amended, given the respondent's history of sexual offending and his failure to comply with the conditions of the supervision order.

Accordingly, the Court rescinded the supervision order and made a continuing detention order, subject to a review by the Court in six months. The Court also extended the period for which the supervision order has effect by 61 days and amended the supervision order so that the respondent is subject to the requirements until 1 November 2026. The respondent is released from custody to be subject to the requirements of the supervision order as amended.

The final orders of the Court are that the respondent was in custody serving a term of imprisonment for a period of 61 days between 30 November 2018 and 29 January 2019 for an offence other than an offence of a sexual nature, the period for which the supervision order has effect is extended by 61 days to 29 December 2022, the supervision order is amended so that the respondent is subject to the requirements until 1 November 2026, and the respondent is released from custody to be subject to the requirements of the supervision order as amended.