Attorney-General for the State of Queensland v Yeatman
Case
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[2022] QSC 256
•18 November 2022
Details
AGLC
Case
Decision Date
Attorney-General for the State of Queensland v Yeatman [2022] QSC 256
[2022] QSC 256
18 November 2022
CaseChat Overview and Summary
The case of Attorney-General for the State of Queensland v Yeatman was heard by Justice Byrne in the Supreme Court of Queensland. The respondent, Trent Thomas Yeatman, had a history of serious sexual offences, and a supervision order was made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). The issue in this case was whether the adequate protection of the community could be ensured by releasing the respondent on the existing supervision order, despite the contravention of the order.
The court had to consider whether the contravention of the supervision order posed an unacceptable risk of the respondent committing a serious sexual offence. The court accepted the psychiatric and psychological evidence that upon release on the supervision order, the respondent's risk of reoffending sexually would be reduced to below moderate. Based on this evidence, the court was satisfied that the adequate protection of the community could be ensured by releasing the respondent on the existing supervision order.
The court found that the respondent had contravened a requirement of the supervision order made by Justice Philippides on 30 June 2014. However, the court was satisfied on the balance of probabilities that the adequate protection of the community could be ensured by releasing the respondent on the existing supervision order. Therefore, the court ordered that the respondent be released from custody and continue to be subject to the supervision order made by Justice Philippides on 30 June 2014.
The court had to consider whether the contravention of the supervision order posed an unacceptable risk of the respondent committing a serious sexual offence. The court accepted the psychiatric and psychological evidence that upon release on the supervision order, the respondent's risk of reoffending sexually would be reduced to below moderate. Based on this evidence, the court was satisfied that the adequate protection of the community could be ensured by releasing the respondent on the existing supervision order.
The court found that the respondent had contravened a requirement of the supervision order made by Justice Philippides on 30 June 2014. However, the court was satisfied on the balance of probabilities that the adequate protection of the community could be ensured by releasing the respondent on the existing supervision order. Therefore, the court ordered that the respondent be released from custody and continue to be subject to the supervision order made by Justice Philippides on 30 June 2014.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Supervision Order
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Breach of Contract
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Unconscionable Conduct
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Specific Performance
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Cases Citing This Decision
0
Cases Cited
10
Statutory Material Cited
1
Attorney-General (Qld) v Yeatman
[2019] QSC 230
PNJ v The Queen
[2009] HCA 6
Attorney-General of Queensland v. Yeo
[2008] QCA 115