Attorney-General for the State of Queensland v Roles
Case
•
[2015] QSC 223
•20 July 2015
Details
AGLC
Case
Decision Date
Attorney-General for the State of Queensland v Roles [2015] QSC 223
[2015] QSC 223
20 July 2015
CaseChat Overview and Summary
The applicant, the Attorney-General for the State of Queensland, made an application under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) for an order seeking the continued detention of the respondent. The respondent had been convicted of multiple offences involving indecent dealings with children. The application arose because the respondent committed a further offence of making child exploitation material while imprisoned. The legal issue was whether the respondent posed an unacceptable risk to the community for the purposes of section 13 of the Act.
The court considered the evidence presented by the applicant, including expert assessments, and the respondent's history of offending. It was established that the respondent had a significant propensity to reoffend, particularly in relation to child exploitation material. The court found that the risk posed by the respondent was unacceptable, justifying his continued detention for control, care or treatment under section 13(5)(a) of the Act.
The court delivered its decision ex tempore on 20 July 2015. It ordered that the respondent be detained in custody for an indefinite term for control, care or treatment. Additionally, the court ordered that certain affidavits, which were subject to a sealing order, be resealed and placed on the Court file, with restrictions on their access.
ORDERS:
1. Pursuant to s 13(5)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003, the respondent be detained in custody for an indefinite term for control, care or treatment; and
2. The affidavits of Shane Ryan and Christopher Kelly filed 30 June 2015, which are subject to the sealing order of Burns J made on 13 July 2015, be resealed, placed on the Court file and not to be opened without an order of this Court.
The court considered the evidence presented by the applicant, including expert assessments, and the respondent's history of offending. It was established that the respondent had a significant propensity to reoffend, particularly in relation to child exploitation material. The court found that the risk posed by the respondent was unacceptable, justifying his continued detention for control, care or treatment under section 13(5)(a) of the Act.
The court delivered its decision ex tempore on 20 July 2015. It ordered that the respondent be detained in custody for an indefinite term for control, care or treatment. Additionally, the court ordered that certain affidavits, which were subject to a sealing order, be resealed and placed on the Court file, with restrictions on their access.
ORDERS:
1. Pursuant to s 13(5)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003, the respondent be detained in custody for an indefinite term for control, care or treatment; and
2. The affidavits of Shane Ryan and Christopher Kelly filed 30 June 2015, which are subject to the sealing order of Burns J made on 13 July 2015, be resealed, placed on the Court file and not to be opened without an order of this Court.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Jurisdiction
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Sentencing
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Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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Attorney-General (Qld) v Roles
[2015] QSC 198
Attorney-General (Qld) v Roles
[2015] QSC 198