Attorney-General for the State of Queensland v Hunter

The respondent, Benjamin Anthony-Lee Hunter, was subject to a supervision order under Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003. The supervision order was made by Justice Douglas on 6 March 2017 and subsequently amended by Justice Davis on 18 May 2018. Hunter was alleged to have contravened a condition of that order by consuming a non-prescription medication. Proceedings were brought under Division 5 of Part 2 of the Act, seeking to determine whether the adequate protection of the community could be ensured by the existing supervision order.

The court had to determine whether Hunter had indeed contravened the supervision order by consuming the non-prescription medication and whether the existing supervision order could ensure the adequate protection of the community. The matter required the court to balance the need for public safety against the rights and freedoms of Hunter. The court was required to consider the evidence presented by psychiatrists regarding Hunter's mental health and risk of reoffending, as well as the severity of the alleged breach of the supervision order.

The court found that Hunter had contravened the supervision order by consuming a non-prescription medication without the required approval. However, the court was satisfied that the existing supervision order, with its stringent conditions, was sufficient to ensure the adequate protection of the community. The court found that the risk of reoffending was not high enough to warrant a more stringent form of supervision. Therefore, the court ordered that Hunter continue to be subject to the supervision order made by Justice Douglas on 6 March 2017, as amended by Justice Davis on 18 May 2018.