Attorney-General for the State of Queensland v Watt

The Attorney-General for the State of Queensland sought to rescind the supervision order and replace it with a continuing detention order in respect of Mr Watt, a dangerous sexual offender, under s 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The court was required to determine whether the adequate protection of the community could be ensured by an amended supervision order, or whether the supervision order should be rescinded and Mr Watt detained in custody for an indefinite period for care, control or treatment. The court considered the expert psychiatric evidence, Mr Watt’s criminal history, and the contraventions of the supervision order.

The court accepted that the completion of the High Intensity Sexual Offenders Treatment Program (HISOP) and the imposition of a supervision order would reduce the risk of Mr Watt committing a serious sexual offence to a level of moderate or below. However, Mr Watt’s repeated contraventions of the supervision order, including testing positive for methylamphetamine and not disclosing repeated contact with a pharmacist who is the parent of a child under 16 years old, raised concerns about the adequacy of the supervision order to protect the community. The court concluded that Mr Watt’s unmodified risk of sexual reoffending was high and that the supervision order was not sufficient to prevent him from engaging in risk increasing behaviours. The court was not satisfied that the adequate protection of the community could be ensured by an amended supervision order and ordered that the supervision order be rescinded and Mr Watt detained in custody for an indefinite term for control, care or treatment.