Attorney-General for the State of Queensland v HGD

The Queensland Court of Appeal was presented with a case concerning the application for an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (‘DPSO Act’) in relation to the respondent, HGD. The court had to decide whether the respondent is a serious danger to the community in the absence of a Division 3 order, and whether adequate protection of the community could be reasonably ensured by the making of a supervision order. The court considered the evidence provided by experts, including psychiatrists, and the submissions made by the parties. In making its decision, the court found that the respondent is a serious danger to the community in the absence of a Division 3 order and that the adequate protection of the community could not be reasonably ensured by the making of a supervision order.

The court's decision was based on several factors. Firstly, the respondent's risk of sexual reoffending was found to be very high and would remain high with a supervision order. Secondly, the respondent has unmet treatment needs, including individual treatment by an experienced psychologist, which should occur for an extended period prior to release on a supervision order. Thirdly, the respondent requires a high level of supervision and support if released to a supervision order. Fourthly, no suitable accommodation has been identified that would enable the required level of support to be provided. Finally, further consideration should be given to a form of treatment to lower the respondent's libidinal drive and anxiety, which may be through the use of medication, and a trial treatment should ideally take place prior to release on a supervision order.

Based on these findings, the court ordered that the interim detention order made on 7 September 2020 be dissolved from that day. The court also ordered that the respondent be detained in custody for an indefinite term for control, care, or treatment, pursuant to s 13(5)(a) of the DPSO Act.