Attorney-General for the State of Queensland v Spoehr

In the case of Attorney-General for the State of Queensland v Spoehr, the respondent, who had been subject to a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), challenged the making of a supervision order as a condition of his release. The respondent had contravened a previously imposed supervision order and had accumulated a significant criminal history. The primary issue before the court was whether the respondent posed an unacceptable risk of committing a serious sexual offence in the absence of a supervision order. Additionally, the court had to consider whether the respondent should be released on a supervision order.

The court held that the respondent presented an unacceptable risk of committing a serious sexual offence in the absence of a supervision order. The court noted that the respondent had not adequately prepared for the review hearing, including by obtaining legal aid, which was particularly unfortunate given the minimum period of five years for a supervision order. The court acknowledged that the supervision order was necessary to protect the community and facilitate the rehabilitation of the respondent. The court also emphasized that the authorities should act upon the considered recommendations of experts to ensure the respondent's supervision and support. The court concluded that the respondent should be released from custody subject to a supervision order for a period of five years.

In light of the above, the court made the following orders: first, affirming the decision that the respondent is a serious danger to the community in the absence of a supervision order; second, rescinding the continuing detention order; and third, releasing the respondent from custody subject to a supervision order for a period of five years until 12 August 2025.