Attorney-General for the State of Queensland v Oakley

The Applicant, the Attorney-General for the State of Queensland, sought an order pursuant to section 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) in respect of the Respondent, Mr Oakley. The Respondent had been convicted of serious sexual offences and the Applicant sought to have him classified as a dangerous sexual offender and subject to a supervision order. The matter was heard in the Supreme Court of Queensland. The central issue before the Court was whether a supervision order, which required the Respondent to remain abstinent from alcohol and other intoxicants, provided adequate assurance of reducing the risk of commission of a serious sexual offence to an acceptable level.

The Court held that the evidence presented demonstrated that the Respondent was a serious danger to the community if not subject to a supervision order. The Respondent conceded that on the evidence, the Court would be satisfied to the requisite high degree that he was a serious danger to the community in the absence of a Division 3 order. The Respondent also acknowledged that it was open to conclude that adequate protection of the community could be ensured by a supervision order in the terms proposed. The Court was satisfied that the supervision order, which required the Respondent to remain abstinent from alcohol and other intoxicants, provided adequate assurance of reducing the risk of commission of a serious sexual offence to an acceptable level.

The Court rescinded the interim detention order made on 31 July 2020, detaining the Respondent in custody until 11:59 pm on 3 August 2020, and ordered that the Respondent be released from prison and must follow the rules in the Supervision Order for 5 years, until 3 August 2025. The Court found that the supervision order provided adequate protection of the community and that the Respondent could be released from custody subject to the conditions of the order.