Attorney-General for the State of Queensland v Penningson

The Attorney-General for the State of Queensland filed a case against Penningson, who was subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003. The application sought either the rescission or amendment of the supervision order, given that Penningson had contravened a requirement to not take any illegal drugs. The Supreme Court of Queensland was tasked with deciding whether the supervision order should be rescinded or amended.

The primary legal issue the court had to address was whether the contravention of the supervision order by Penningson warranted either the rescission of the order or its amendment. The court also needed to consider the impact of Penningson’s periods of remand detention on the duration of the supervision order. The applicant argued that the contravention of the supervision order was serious enough to warrant rescission, while Penningson contended that an amendment was sufficient and that the periods of remand detention should be excluded in calculating the duration of the supervision order.

The court determined that the contravention of the supervision order by Penningson was serious but did not reach the threshold for rescission. Instead, the court found that an amendment to the supervision order was appropriate. The court noted that the periods of remand detention should be excluded in calculating the duration of the supervision order. Consequently, the court extended the duration of the supervision order by 84 days, bringing the end date to 29 January 2025. The court also ordered Penningson’s release from custody by 9 am on 1 December 2021, subject to the amended supervision order.

The final orders declared the periods during which Penningson was detained on remand and extended the duration of the supervision order by 84 days. The court mandated Penningson’s release from custody and his subsequent subjection to the amended supervision order.