Attorney-General for the State of Queensland v Hobbler

In the case of Attorney-General for the State of Queensland v Hobbler, the applicant sought orders for the indefinite detention of the respondent on the basis that he represented an unacceptable risk of serious sexual offending in the future. The respondent, born on 21 March 1974 and aged 41 at the time, had a significant criminal history including a previous conviction for the rape of a child. He had also breached court orders on numerous occasions. The respondent pleaded guilty to another count of rape of a child on 12 January 2012 and was sentenced to four years imprisonment, eligible for parole after serving 16 months.

The primary legal issue before the court was whether the respondent posed such an unacceptable risk of further sexual offending that a supervision order would not be adequate protection to the community. The court considered psychiatric reports and evidence from experts, including Dr Moyle, Dr Aboud, and Dr Hardin, who assessed the respondent's intellectual and psychological condition. The experts opined that the respondent's intellectual and other difficulties increased his risk of reoffending, especially if not properly managed through treatment programs and supervision. The court needed to determine if the respondent's risk factors could be adequately managed in the community with a supervision order or if indefinite detention was necessary for the protection of the community.

The court found that the evidence established the respondent posed an unacceptable risk of serious sexual offending in the future. The proposed conditions of a supervision order were deemed insufficient to render this risk acceptable. The court concluded that the respondent's risk factors must be properly addressed through appropriate programs in a secure environment before any release into the community, even under strict supervision. The applicant had successfully demonstrated that the respondent should be subject to a continuing detention order for care, control, or treatment. Therefore, the court ordered the respondent to be detained in custody for an indefinite term.