Attorney-General (Qld) v Brown - [2017] QSC 264

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v Brown [2017] QSC 264

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(applicant)

v
TROY JIMMY CHARLES BROWN

(respondent)

FILE NO/S:

SC No 422 of 2009

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

15 November 2017

DELIVERED AT:

Brisbane

HEARING DATE:

6 November 2017

JUDGE:

Davis J

ORDER:

1. The supervision order made on 28 April 2014 be amended by addition of condition 27A after the current condition 27, as follows:

“27A Attend upon and submit to examination and assessment by a psychiatrist as directed by an authorised corrective services officer for investigation as to the appropriateness of the respondent being prescribed anti-androgen medication.”

2. The respondent be released from custody, pursuant to s 22(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003 and continue to be subject to the supervision order made on 28 April 2014 as amended by these orders.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where a supervision order was made with respect to the respondent under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where it was alleged that the respondent had contravened a requirement of the supervision order – where a warrant was issued for the arrest of the respondent pursuant to the Act and the respondent was detained in custody – where the applicant sought orders with respect to the respondent under s 22 of the Act – where the contravention was admitted by the respondent – where the applicant had previously contravened the supervision order but not committed any further serious sexual offences – whether the adequate protection of the community could, despite the contravention of the order, be ensured by the existing supervision order

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 13, s 20, s 22, s 43AA

Attorney-General (Qld) v Brown (Unreported, Supreme Court of Queensland, No 422 of 2009, Daubney J, 22 June 2011)
Attorney-General (Qld) v Brown (Unreported, Supreme Court of Queensland, No 422 of 2009, Daubney J, 27 January 2015).
Attorney-General (Qld) v Brown (Unreported, Supreme Court of Queensland, No 422 of 2009, Henry J, 12 November 2012).
Attorney-General (Qld) v Brown (Unreported, Supreme Court of Queensland, No 422 of 2009, Martin J, 16 June 2009)
Attorney-General (Qld) v Brown [2014] QSC 84 (28 April 2014)
Attorney-General (Qld) v Francis [2012] QSC 275
Attorney-General (Qld) v Sands [2016] QSC 225
Kynuna v Attorney-General (Qld) [2016] QCA 172
Turnbull v Attorney-General (Qld) [2015] QCA 54

COUNSEL:

Mr J Rolls for the applicant

Mr E Whitton for the respondent

SOLICITORS:

Crown Law for the applicant

Legal Aid Queensland for the respondent

Troy Jimmy Charles Brown (the respondent), who was born on 8 September 1980 and is therefore now 37 years of age, was made the subject of a continuing detention order under s 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Attorney-General (Qld) v Brown

Details

AGLC: Attorney-General (Qld) v Brown [2017] QSC 264
Case: [2017] QSC 264
Decision Date: 15 November 2017

CaseChat Overview and Summary

In the case of Attorney-General (Qld) v Brown, the respondent, a convicted dangerous sexual offender, was subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The applicant, the Attorney-General of Queensland, sought orders under section 22 of the Act after the respondent contravened a requirement of his supervision order. The respondent admitted the contravention but did not commit any further serious sexual offences. The central issue was whether the adequate protection of the community could still be ensured by the existing supervision order, despite the contravention.

The court considered the respondent's history of non-compliance with supervision orders and the nature of the current contravention. It was noted that the respondent had previously contravened a supervision order but had not engaged in any further serious sexual offences. The court acknowledged the seriousness of the contravention but also recognised the respondent's lack of further offending. The court concluded that the adequate protection of the community could still be ensured by modifying the supervision order rather than imposing additional custodial measures. The court ordered the addition of a condition requiring the respondent to attend for psychiatric examination and assessment for potential anti-androgen medication.

The court held that the supervision order should be amended by adding condition 27A, which mandates the respondent to attend for examination and assessment by a psychiatrist as directed by an authorised corrective services officer. The court further ordered the release of the respondent from custody and directed that he continue to be subject to the supervision order as amended. This decision reflects a balanced approach, aiming to address the respondent's contravention while maintaining community protection through modified supervision conditions rather than additional imprisonment.

The final orders of the court were that the supervision order made on 28 April 2014 be amended by adding condition 27A and that the respondent be released from custody, continuing to be subject to the amended supervision order.

Orders

Orders of the court

1. The supervision order made on 28 April 2014 be amended by addition of condition 27A after the current condition 27, as follows:

“27A Attend upon and submit to examination and assessment by a psychiatrist as directed by an authorised corrective services officer for investigation as to the appropriateness of the respondent being prescribed anti-androgen medication.”

2. The respondent be released from custody, pursuant to s 22(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003 and continue to be subject to the supervision order made on 28 April 2014 as amended by these orders.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Attorney-General (Qld) v Brown [2017] QSC 264
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v TROY JIMMY CHARLES BROWN (respondent)
FILE NO/S:	SC No 422 of 2009
DIVISION:	Trial Division
PROCEEDING:	Application
DELIVERED ON:	15 November 2017
DELIVERED AT:	Brisbane
HEARING DATE:	6 November 2017
JUDGE:	Davis J
ORDER:	1. The supervision order made on 28 April 2014 be amended by addition of condition 27A after the current condition 27, as follows: “27A Attend upon and submit to examination and assessment by a psychiatrist as directed by an authorised corrective services officer for investigation as to the appropriateness of the respondent being prescribed anti-androgen medication.” 2. The respondent be released from custody, pursuant to s 22(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003 and continue to be subject to the supervision order made on 28 April 2014 as amended by these orders.
CATCHWORDS:	CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where a supervision order was made with respect to the respondent under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where it was alleged that the respondent had contravened a requirement of the supervision order – where a warrant was issued for the arrest of the respondent pursuant to the Act and the respondent was detained in custody – where the applicant sought orders with respect to the respondent under s 22 of the Act – where the contravention was admitted by the respondent – where the applicant had previously contravened the supervision order but not committed any further serious sexual offences – whether the adequate protection of the community could, despite the contravention of the order, be ensured by the existing supervision order Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 13, s 20, s 22, s 43AA Attorney-General (Qld) v Brown (Unreported, Supreme Court of Queensland, No 422 of 2009, Daubney J, 22 June 2011) Attorney-General (Qld) v Brown (Unreported, Supreme Court of Queensland, No 422 of 2009, Daubney J, 27 January 2015). Attorney-General (Qld) v Brown (Unreported, Supreme Court of Queensland, No 422 of 2009, Henry J, 12 November 2012). Attorney-General (Qld) v Brown (Unreported, Supreme Court of Queensland, No 422 of 2009, Martin J, 16 June 2009) Attorney-General (Qld) v Brown [2014] QSC 84 (28 April 2014) Attorney-General (Qld) v Francis [2012] QSC 275 Attorney-General (Qld) v Sands [2016] QSC 225 Kynuna v Attorney-General (Qld) [2016] QCA 172 Turnbull v Attorney-General (Qld) [2015] QCA 54
COUNSEL:	Mr J Rolls for the applicant Mr E Whitton for the respondent
SOLICITORS:	Crown Law for the applicant Legal Aid Queensland for the respondent