Attorney-General for the State of Queensland v. Murray

The Supreme Court of Queensland, presided over by White J, dealt with an application by the Attorney-General for the State of Queensland under section 8(2) of the Dangerous Prisoners (Sexual Offenders) Act 2000 to have Gordon Francis Murry, a respondent serving a term for a serious sexual offence, undergo examinations by two psychiatrists for a risk assessment. The application sought an order for a risk assessment to be conducted by Professor Barry Nurcombe and Dr Michael Beech, with the outcome potentially influencing whether Murry should be detained or released under supervision post-incarceration. Murry opposed the application, arguing he was not a serious danger to the community.

The legal issues before the court involved interpreting the requirements and thresholds for making an order under section 8(2) of the Act. Notably, the court needed to determine if there were reasonable grounds to believe Murry posed a serious danger to the community, a standard lower than that required for a final order under section 13(3)(b). The court also had to consider relevant factors such as medical assessments, offending patterns, rehabilitation efforts, and the need to protect the community.

White J reviewed the evidence, including a comprehensive report by Professor Basil James, which assessed Murry's risk of re-offending. The court noted that while the evidence suggested Murry was a moderate risk, it also indicated that he was unlikely to escalate to more violent behaviour. The court concluded that there were reasonable grounds to believe Murry was a serious danger to the community but leaned towards the view that he should be released under supervision, given the current evidence. The court ordered the disclosure of relevant material to facilitate a fair final hearing, scheduled for May 24th and 25th, 2007, allowing ample time for consideration before Murry's release on July 1st, 2007. The court also granted liberty to apply for further orders within three days of notice.