Attorney-General for the State of Queensland v Hansen
Case
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[2021] QSC 9
•8 February 2021
Details
AGLC
Case
Decision Date
Attorney-General for the State of Queensland v Hansen [2021] QSC 9
[2021] QSC 9
8 February 2021
CaseChat Overview and Summary
The case of Attorney-General for the State of Queensland v Hansen involved the respondent, Craig Lindsay Hansen, who was subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). Hansen had contravened the terms of his supervision order by failing to provide contact details of a female with whom he was in contact and by communicating with an unidentified female via text messages. The court was required to determine whether Hansen could be released on a supervision order that would ensure the adequate protection of the community, given the high risk of sexual re-offending identified by psychiatrists.
The court considered whether the risk of Hansen committing a serious sexual offence could be contained under closely managed supervision. It was noted that the psychiatric evidence did not support a continuing detention order but did suggest that the risk of sexual re-offending was low to moderate under a supervision order. The court was satisfied that the adequate protection of the community could be ensured by amending the existing supervision order to include 44 specific requirements that addressed various aspects of Hansen’s behaviour and activities, thereby reducing the risk of re-offending. The amended supervision order was set to last for 10 years.
In light of the above, the court amended the existing supervision order with effect from 11 February 2021. The amendment involved deleting the previous requirements and inserting 44 new requirements that included restrictions on contact, employment, use of technology, alcohol and drug use, and other activities. The period for which the supervision order was to be in effect was also changed to 10 years, ending on 11 February 2031. Additionally, the court corrected the spelling of Hansen's second given name from "LINDSAY" to "LINDSAY" in the proceedings.
The court considered whether the risk of Hansen committing a serious sexual offence could be contained under closely managed supervision. It was noted that the psychiatric evidence did not support a continuing detention order but did suggest that the risk of sexual re-offending was low to moderate under a supervision order. The court was satisfied that the adequate protection of the community could be ensured by amending the existing supervision order to include 44 specific requirements that addressed various aspects of Hansen’s behaviour and activities, thereby reducing the risk of re-offending. The amended supervision order was set to last for 10 years.
In light of the above, the court amended the existing supervision order with effect from 11 February 2021. The amendment involved deleting the previous requirements and inserting 44 new requirements that included restrictions on contact, employment, use of technology, alcohol and drug use, and other activities. The period for which the supervision order was to be in effect was also changed to 10 years, ending on 11 February 2031. Additionally, the court corrected the spelling of Hansen's second given name from "LINDSAY" to "LINDSAY" in the proceedings.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Sentencing
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Supervision Order
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Dangerous Sexual Offender
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Risk Assessment
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Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
R v Hansen
[2018] QCA 153
Kynuna v Attorney-General
[2016] QCA 172
Attorney-General for the State of Queensland v Marama
[2015] QSC 83