Attorney-General for the State of Queensland v Turnbull (No 2)

The respondent, Gary Une Turnbull, had been sentenced to 13 years imprisonment for three counts of rape following a series of ten sexual assaults against women who were strangers to him. He had been detained under a continuing detention order pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) at the time of his full-time release date. The question before the court was whether the respondent should remain detained under a continuing detention order or be released on a supervision order, and if the latter, what conditions should be imposed.

The court determined that the respondent should be released subject to a supervision order. Two psychiatrists now considered that the respondent's risk of future sexual violence was moderate and that the risk could be reduced with the imposition of a supervision order. The court was satisfied that the proposed conditions in the supervision order were appropriate to ensure the adequate protection of the community. The court also considered it necessary to provide a transcript of the evidence of the psychiatrists to relevant Corrective Service officers. The court concluded that the duration of the supervision order should be five years, in line with the psychiatrists' recommendation.

The court's final orders were that the decision of Boddice J that the respondent was a serious danger to the community in the absence of an order under Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) was affirmed. The continuing detention order made by Boddice J was rescinded. The respondent was to be subject to a supervision order containing the conditions set out in Annexure A until 22 February 2021.