SUPREME COURT OF QUEENSLAND
CITATION:
Attorney-General (Qld) v Accoom [2017] QSC 50
PARTIES:
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
STEVEN FRANCIS ACCOOM(respondent)
FILE NO/S:
SC No 5483 of 2016
DIVISION:
Trial Division
PROCEEDING:
Originating Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
4 April 2017
DELIVERED AT:
Brisbane
HEARING DATE:
28 November 2016; 14 December 2016; 31 January 2017; 31 March 2017; 4 April 2017
JUDGE:
Burns J
ORDER:
The court, being satisfied to the requisite standard that the respondent, Steven Francis Accoom, is a serious danger to the community in the absence of an order pursuant to Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), orders that the respondent be released from custody and then, until 4 April 2027, be subject to the conditions set forth in the Schedule to this judgment.
CATCHWORDS:
CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY– where there is an application pursuant to s 5 of the Dangerous Prisoners (Sexual Offenders) Act 2003 for an order pursuant to Division 3 of Part 2 of that Act – whether the respondent is a serious danger to the community in the absence of a Division 3 order – where the court may order a continuing detention order or a supervision order pursuant to s 13(5) of the Act – whether the adequate protection of the community can be reasonably and practicably managed by a supervision order – whether the requirements under s 16 of the Act can be reasonably and practicably managed by corrective services officers – where the respondent requires immediate integration with mental health services upon release – where the applicant supports a supervision order if suitable accommodation and integration with mental health services can be arranged – whether suitable accommodation and integration with mental health services can be arranged – whether the adequate protection of the community can be reasonably and practicably managed by a supervision order conditioned to provide for suitable accommodation and integration with mental health services
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 2, s 3, s 5, s 13, s 13A, s 16
Attorney-General (Qld) v Beattie [2007] QCA 96, followed
Attorney-General (Qld) v Fardon[2011] QCA 111, cited
Attorney-General (Qld) v Francis [2007] 1 Qd R 396; [2006] QCA 324, cited
Attorney-General (Qld) v Kanaveilomani[2013] QCA 404, cited
Attorney-General (Qld) v Lawrence [2010] 1 Qd R 505; [2009] QCA 136, cited
Attorney-General (Qld) v Phineasa [2013] 1 Qd R 305; [2012] QCA 184, cited
Attorney-General (Qld) v Sutherland [2006] QSC 268, followed
Fardon v Attorney-General (Qld) (2004) 223 CLR 575; [2004] HCA 46, cited
Kynuna v Attorney-General for the State of Queensland[2016] QCA 172, cited
Turnbull v Attorney-General (Qld)[2015] QCA 54, citedCOUNSEL:
J Rolls for the applicant
J Horne for the respondent
SOLICITORS:
Keep reading for free
Create a free CaseChat account to read Attorney-General (Qld) v Accoom and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] QSC 50
- Decision Date
CaseChat Overview and Summary
The court found that the respondent was indeed a serious danger to the community in the absence of a Division 3 order, given his unmodified risk of sexually violent reoffending and his past history of substance abuse. The risk that the respondent would commit a serious sexual offence if released from custody or without a supervision order being made was considered unacceptably high. The court also determined that the adequate protection of the community could be reasonably and practicably managed by a supervision order, provided that suitable accommodation and integration with mental health services could be arranged. The applicant supported a supervision order if these conditions were met.
Ultimately, the court ordered that the respondent be released on supervision, conditioned to provide for suitable accommodation and integration with mental health services, for a period of ten years.
Final Orders:
It is ordered that the respondent, Steven Francis Accoom, be released from custody and then, until 4 April 2027, be subject to the conditions set forth in the Schedule to this judgment.
Orders
Orders of the court
The court, being satisfied to the requisite standard that the respondent, Steven Francis Accoom, is a serious danger to the community in the absence of an order pursuant to Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), orders that the respondent be released from custody and then, until 4 April 2027, be subject to the conditions set forth in the Schedule to this judgment.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
As counsel for the applicant submitted in writing:“The general tenor of Dr Reilly’s evidence is that the respondent is able to be released from custody and has accommodation available to him which will satisfy his treatment needs and also provide a means by which Corrective Services can, additionally, supervise the respondent to manage the sexual risk that the respondent’s release otherwise presents.Accordingly, it would appear that the proposal of the Townsville Hospital Health Service to provide alternative accommodation, is of the type contemplated by the psychiatric reports of Drs Beech and Grant, and would seem also to meet the clinical requirements that the respondent has as postulated by Dr Simpson.”ConsiderationIs the respondent a serious danger to the community in the absence of an order? It was not in issue on the hearing of the application that the respondent is a serious danger to the community in the absence of a Division 3 order. Nevertheless, it is still necessary for the court to consider that question. Here, the psychiatrists all agree that the respondent’s main problems are his substance abuse and mental health conditions. His unmodified risk of sexually violent reoffending has been assessed by the three reviewing psychiatrists – Dr Harden, Dr Beech and Dr Grant – as being high. The victim of such an offence is likely to be an adolescent or adult female and there is a significant risk of psychological and/or physical harm to the victim. In this context, it is with respect useful to recall what was said by Keane JA (as his Honour then was) in Attorney-General (Qld) v Beattie,[23] that “whether or not a moderate risk is unacceptable must be gauged by taking into account the nature of the risk and the consequences of the risk materialising”.[24] As such, even if the risk that the respondent might reoffend in a sexually violent way is only at a moderate level, there remains a high risk of very serious harm being caused to a future victim if he lapses back into substance abuse or noncompliance with psychiatric treatment. Given the index offending, his past history of substance abuse and his poor insight into his mental illness, the risk that the respondent will commit a serious sexual offence within the meaning of the Act if he is released from custody or, alternatively, released from custody without a supervision order being made is unacceptably high. The applicant has established this by acceptable cogent evidence and to the high degree of probability required under the Act.[23][2007] QCA 96.[24]Ibid [19]. It follows that the respondent is a person to whom the Act applies.Which order? The court being satisfied that the respondent is a person to whom the Act applies, the next question is whether, under s 13(5) of the Act, there should be a continuing detention order or a supervision order. Section 13(6) provides:“(6)In deciding whether to make an order under subsection (5)(a) or (b) –(a)the paramount consideration is to be the need to ensure adequate protection of the community; and(b)the court must consider whether –(i)adequate protection of the community can be reasonably and practicably managed by a supervision order; and(ii)requirements under section 16 can be reasonably and practicably managed by corrective services officers.”