Attorney-General for the State of Queensland v Larry

In the case of Attorney-General for the State of Queensland v Larry, the primary focus was the determination of whether a further supervision order should be imposed on the respondent, who was subject to a supervision order made in May 2011. The applicant sought an order pursuant to Division 4A of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) that the respondent be made subject to a further supervision order for a period of five years. The respondent had accepted that the evidence favoured the imposition of a further supervision order and that the order ought to be for a duration of five years.

The key legal issues that the court had to decide were whether the respondent was a serious danger to the community in the absence of a further supervision order and whether adequate protection of the community could be ensured by the respondent's release on the proposed further supervision order. The court considered the psychiatric evidence provided by Dr Arthur, Dr Sundin, and Dr Harden, along with other affidavit evidence supporting the application.

The court was satisfied that there was acceptable, cogent evidence, which satisfied it to the high degree of probability required, that the respondent remained a serious danger to the community in the absence of a further supervision order made under Division 4A of the DPSO Act. The court further determined that adequate protection of the community could be ensured by the respondent's release on the proposed further supervision order. Consequently, the court ordered that the interim supervision order made on 12 July 2021 be rescinded and that the respondent be subject to a further supervision order for a period of five years until 27 July 2026, on the conditions set out in Annexure A.