Attorney-General for the State of Queensland v Sagiba

The Attorney-General for the State of Queensland initiated proceedings against Sagiba in the Supreme Court of Queensland, seeking the respondent's detention pending a final decision in relation to a contravention of his supervision order. Sagiba, a registered dangerous sexual offender, was subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003. He contravened the order by failing to comply with curfew and monitoring directions and by disobeying a Corrective Services officer. The Attorney-General sought the respondent's detention until the final decision concerning the contravention, pursuant to section 22 of the Act.

The court was required to determine whether it was justified to detain Sagiba pending the final decision regarding the contravention of his supervision order. The court had to consider the criteria for detention under section 21(4) of the Act, which required it to be satisfied on the balance of probabilities that detention was justified unless exceptional circumstances existed. The court had to weigh the risk posed by Sagiba against the principle of presumption of innocence and the rights of the accused.

The court found that it was not satisfied on the balance of probabilities that detention was justified because exceptional circumstances existed. The court held that the risk posed by Sagiba was not so significant as to override the presumption of innocence and the rights of the accused. The court noted that Sagiba had no prior convictions for sexual offences and that the alleged contravention was not of a serious nature. The court ordered that Sagiba be released subject to the existing supervision order made by Fryberg J on 16 December 2009 and amended by Dalton J on 25 February 2013.

The contravention hearing was adjourned to a date to be fixed. The court ordered that Sagiba be released subject to the existing supervision order.