Attorney-General for the State of Queensland v Possum

In the case of Attorney-General for the State of Queensland v Possum, the respondent, Mr Possum, was subject to a supervision order made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA) on 22 October 2018. It was alleged that Mr Possum contravened the order by consuming alcohol, having previously contravened the order on two other occasions by doing the same. Mr Possum admitted to the latest contravention. The court was required to determine whether Mr Possum should be released back onto the supervision order.

The court considered the evidence, particularly the psychiatric evidence, in making its decision. The psychiatric evidence indicated that Mr Possum's risk of sexual recidivism remained high, with factors such as alcohol consumption and negative emotional states potentially escalating his risk. However, the court found that the adequate protection of the community against the commission of a serious sexual offence by Mr Possum could be ensured by his release back onto the supervision order in its current terms.

The court ordered that Mr Possum be released from custody and continue to be subject to the supervision order made by Bowskill J on 22 October 2018. The court noted that Mr Possum was still on remand in relation to another offence and the matter was not going back before the Magistrates Court until 2 July 2021. The court emphasised that the seriousness of the contravention was a relevant consideration for the sentencing magistrate.