Attorney-General (Qld) v Brown

The parties to the case are the Attorney-General for Queensland and Troy Jimmy Charles Brown, the respondent. The dispute involves the respondent's detention under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The applicant sought a review of the order under section 27 of the Act and orders that the respondent continue to be subject to a continuing detention order pursuant to section 30(3)(a) of the Act after the respondent contravened the supervision order. The court was required to decide whether the respondent is a serious danger to the community in the absence of a Division 3 order, whether adequate protection of the community can reasonably and practicably be managed by a supervision order, and whether the requirements of section 16 of the Act can reasonably and practicably be managed by Queensland Corrective Services.

The court found that the respondent is a serious danger to the community in the absence of a Division 3 order, given the evidence of his criminal history, psychiatric conditions, and participation with psychologists and programs. The court also found that the adequate protection of the community can reasonably and practicably be managed by a supervision order, and that the requirements of section 16 of the Act can reasonably and practicably be managed by Queensland Corrective Services. The court affirmed the decision of Martin J made on 16 June 2009 that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 and ordered that the continuing detention order made on 1 April 2020 be rescinded and that the respondent be released from custody and from that time be subject to the requirements contained in the draft Supervision Order for a period of ten years.