Attorney-General for the State of Queensland v Kynuna

The case of Attorney-General for the State of Queensland v Kynuna involved the respondent, Kynuna, who had been subject to a supervision order under the Dangerous Prisoners (Sexual Offences) Act 2003 (Qld). Kynuna was alleged to have contravened the supervision order by failing to abstain from the consumption of illicit drugs. This contravention was one of a pattern of six contraventions that had occurred since 2011. Kynuna admitted to the contravention, and the court had to decide whether Kynuna could demonstrate that adequate protection of the community could be ensured on the balance of probabilities.

The primary legal issue for the court to resolve was whether Kynuna had discharged the onus of demonstrating that adequate protection of the community could be ensured, given the pattern of contraventions. The court considered the nature and frequency of the contraventions, the respondent's acceptance of the contravention, and the potential risk to the community posed by Kynuna. The court had to weigh the evidence presented by Kynuna against the risk that the contraventions posed to the community.

The court found that Kynuna had not discharged the onus of demonstrating that adequate protection of the community could be ensured. The evidence showed a pattern of contraventions over a significant period, indicating a failure to comply with the terms of the supervision order. The court was not satisfied that Kynuna could ensure the protection of the community on the balance of probabilities. Consequently, the court concluded that the supervision order should remain in place to protect the community.

The final orders of the court were that the respondent, Kynuna, be released subject to the supervision order made by the Court on 10 December 2015. The court considered this to be the appropriate measure to ensure the protection of the community while still allowing Kynuna a degree of freedom under controlled conditions.