Attorney-General for the State of Queensland v Kennedy

The respondent, Neal Alfred Kennedy, was subject to a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). The Attorney-General applied for a review of the continuing detention order, seeking to determine if the respondent remained a serious danger to the community in the absence of such an order. The court was required to consider whether the adequate protection of the community could be ensured by the release of the respondent on a supervision order. Key issues included the respondent's history of sexual offending, his borderline intelligence, his need for significant support to live independently, and the appropriateness of The Precinct as a treatment facility. Additionally, the court needed to assess the effectiveness of antilibidinal medication treatment, which had only recently commenced.

The court examined the respondent's history of sexual offences, which began over 20 years ago, and noted his multiple convictions for serious sexual crimes, including offences against children. Despite his age and the time elapsed since his last serious offence, the court found that the respondent remained a serious danger to the community. The court highlighted the respondent's borderline intelligence and significant need for support, which made it unlikely that he could live independently without supervision. Furthermore, the court concluded that The Precinct was not an appropriate facility for the respondent's treatment. The nascent antilibidinal medication treatment was also considered insufficient to mitigate the risk posed by the respondent.

After considering the evidence and arguments presented, the court affirmed the decision that the respondent remained a serious danger to the community in the absence of a Division 3 order. Consequently, the court upheld the continuing detention order made on 16 December 2022. The court found that the adequate protection of the community could not be ensured by releasing the respondent on a supervision order. The court's reasoning underscored the need for continued detention to safeguard the community from the potential risk posed by the respondent.

The court made orders affirming the decision that the respondent, Neal Alfred Kennedy, is a serious danger to the community in the absence of an order pursuant to Division 3 of the DPSOA. The court also ordered that the respondent continue to be subject to the continuing detention order made on 16 December 2022. These orders reflect the court's determination that the respondent's release on a supervision order would not adequately protect the community from the risk of serious sexual offending.