Attorney-General for the State of Queensland v Wason

In the case of Attorney-General for the State of Queensland v Wason, the respondent, Vincent John Wason, was serving a seven-year term of imprisonment for attempted rape, which was due to expire on 14 December 2019. Wason had previously served, in full, a five-year term of imprisonment for attempted rape. The dispute centred around the imposition of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) to manage the risk posed by Wason to the community upon his release. The court was tasked with determining whether there was an unacceptable risk that Wason would commit a serious sexual offence without such a supervision order and whether adequate protection of the community could be reasonably and practically managed by such an order.

The primary legal issue was whether the evidence demonstrated that Wason had a "moderate to high" risk of sexual recidivism and whether this risk could be reduced to "low to moderate" by a supervision order. The court had to weigh the evidence provided by the psychiatrists and other relevant information about Wason's participation in rehabilitation programs, his criminal history, and his antecedents. Additionally, the court needed to decide if it was possible to protect the community adequately through a supervision order and, if so, what specific conditions should be included in such an order.

The court concluded that the evidence presented was of sufficient weight to justify a decision that there was an unacceptable risk that Wason would commit a serious sexual offence if released without a supervision order. The court was satisfied, to a high degree of probability, that the appropriate order was one that included a supervision period of five years. The court also considered the opinions of the psychiatrists regarding the formulation of suitable conditions in a supervision order to reduce the risk to the community. The court emphasised that while the assessment of the risk level and the necessary order was a judicial determination, it was paramount to ensure adequate protection of the community. The court found that a supervision order could reasonably and practically manage the risk Wason posed to the community.

The court ordered that Wason be released from prison and must follow the rules set out in a supervision order until 14 December 2024. The supervision order included numerous conditions aimed at managing Wason's risk, including reporting to a Corrective Services officer, restrictions on his residence, a curfew, monitoring, employment and study conditions, conditions regarding his use of vehicles, mobile phones, computers, and the internet, restrictions on contact with any victim, rules about alcohol and drug use, medication use, rehabilitation and counselling, speaking with Corrective Services about future plans, specific conditions regarding contact with children, and conditions about the use or collection of child exploitation material, pornographic images, and a requirement to develop a management plan to address the risk of sexual re-offending. The supervision order also included an obligation to report any personal relationships.