Attorney-General for the State of Queensland v Possum

The respondent, Danrick Dale William Possum, was the subject of a supervision order made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA) on 22 October 2018. The Attorney-General for the State of Queensland has alleged that Possum contravened the supervision order by ingesting alcohol, a contravention which Possum has admitted. The issue before the court was whether Possum should be released subject to the requirements of the existing supervision order, despite the alleged contravention.

The court considered the evidence of Dr Arthur, a psychiatrist appointed under the DPSOA, who opined that Possum’s current unmodified risk of future serious sexual offending remains “well above average.” However, Dr Arthur also opined that Possum’s risk of sexual recidivism can be managed safely in the community under the supervision order. The supervision order is operating as designed to identify risk behaviour (such as alcohol consumption) before risk of sexual offending escalates. The court accepted Dr Arthur’s opinion and found that Possum can be managed in the community under the control of the supervision order.

The court ordered that Possum be released from custody on 10 March 2021 and continue to be subject to the supervision order made by Bowskill J on 22 October 2018. The court found that Possum had satisfied the onus of proving that, notwithstanding the contravention, the adequate protection of the community can be ensured by his release upon supervision.