Attorney-General for the State of Queensland v Pco

In the case of Attorney-General for the State of Queensland v Pco, the respondent was examined by psychiatrists for the purposes of an application under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The applicant argued that adequate protection of the community could be ensured by a supervision order under Division 3 of Part 2 of the Act, and the respondent conceded the need for such an order. However, the length of the order was contested. The court was required to decide whether the respondent presented a serious danger to the community in the absence of a supervision order and, if so, whether such an order should be made and, if made, for how long.

The court found that the evidence placed before it was acceptable and cogent. The court was convinced to a high degree of probability that the respondent was a serious danger to the community, namely that there was an unacceptable risk that he would commit a serious sexual offence if released from custody without a supervision order being made. The court found that adequate protection of the community could be ensured by releasing the respondent on a supervision order for a period of five years on terms that the court had found to be appropriate.

The court ordered that the respondent be released subject to the requirements set out in the Schedule to these reasons until 7 March 2024. The order included a requirement that the respondent not access pornographic images on a computer or on the internet or procure or obtain pornographic material in any other format without the prior written approval of the treating psychiatrist or psychologist, and if such approval was given, to deliver a copy of the approval forthwith to a Corrective Services officer.