Attorney-General for the State of Queensland v Jahdell Plummer-Dean

In the matter of Attorney-General for the State of Queensland v Jahdell Plummer-Dean, the Court was tasked with determining whether the respondent, who had been convicted in 2015 of various offences, including rape and sexual assault while armed, should be subject to a continuing detention order or a supervision order under Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003. The applicant argued for a continuing detention order, asserting that the respondent posed an unacceptable risk of committing a serious sexual offence upon release without such an order. The respondent, on the other hand, contended that his risk of reoffending could be appropriately managed through a supervision order.

The court had to decide whether the adequate protection of the community could be ensured by the making of a supervision order and whether the requirements of such an order could be reasonably and practicably managed by corrective services officers. The experts' opinions varied, with Dr. Sundin and Dr. McVie advocating for detention in custody for treatment, while Dr. Beech believed that the risks could be reduced to low if the respondent were released under a supervision order with specific conditions, including abstinence, counselling, and participation in a medium intensity sexual offender program.

The court considered the inherent difficulties in assessing the risk of reoffending in cases with limited evidence. Given the respondent's age at the time of the offences, the court was concerned about the limited data available for assessing future risk. Ultimately, the court found that the risk of reoffending could be managed through a supervision order with specific conditions, and it ordered that the respondent be subject to a supervision order for a period of five years until 13 July 2026, with conditions to be agreed upon by the parties.