Attorney-General for the State of Queensland v McLean

In the matter of the Attorney-General for the State of Queensland and Lawrence Bernie McLean, the Queensland Supreme Court was asked to determine whether McLean, a prisoner convicted of sexual offences, posed an unacceptable risk to the community if released unsupervised. The court was required to decide whether McLean's release would result in a serious danger to the community, and if so, whether an appropriate supervision order could be devised to ensure adequate protection. The central legal issues were whether the applicant could establish, to a high degree of probability, that McLean was a serious danger to the community, and whether the onus was satisfied if McLean could not be shown to be a low risk.

The court found that the applicant had discharged the burden of proof, establishing to a high degree of probability that McLean was a serious danger to the community. The evidence presented included McLean's criminal history, psychological assessments, and expert opinions, all of which indicated a high likelihood of re-offending. The court concluded that McLean's release would result in a serious danger to the community, and that an appropriate supervision order could be devised to mitigate this risk. The court ordered that McLean be subject to conditions of supervision until a formal order was settled, and directed that any proposed amendments to the conditions be provided to the other party and the court prior to the resumed hearing. The court adjourned the matter to allow for further consideration and the drafting of the formal order.