Attorney-General for the State of Queensland v Kynuna

The case of Attorney-General for the State of Queensland v Kynuna involved the application to extend the supervision order of the respondent, Kynuna, under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). Kynuna had been subject to a supervision order since 6 April 2011 and the order was due to expire on 19 June 2020. The applicant sought to extend the supervision order for a further five years. Kynuna had breached the supervision order on several occasions, primarily by consuming illicit substances, and while he admitted to the most recent breaches, he argued that the supervision order should not be extended.

The primary legal issue before the court was whether the period of the supervision order should be extended, given Kynuna's history of breaches and his risk of committing a sexual offence if not subject to a supervision order. The court considered the psychiatric evidence, which indicated that Kynuna's risk of committing a sexual offence was moderate and could potentially reduce if he demonstrated a period of abstinence from alcohol and illicit substances. The court also had to determine the appropriate application under the DPSOA, with the applicant initially seeking an extension under s 22, but ultimately pursuing the application under Division 4A.

The court found that the application under Division 4A was more appropriate, and dismissed the application under s 22(7). The court accepted the psychiatric evidence that Kynuna's risk of committing a sexual offence was moderate and that the risk could potentially reduce if he demonstrated a period of abstinence from alcohol and illicit substances. However, the court also found that Kynuna's history of breaches and his difficulty in managing negative emotions, which often led to poor problem-solving and the use of illicit substances, indicated that he still posed a risk to the community if not subject to a supervision order. Accordingly, the court ordered that Kynuna be subject to a further supervision order until 19 June 2022.