Attorney-General (Qld) v Currie
Case
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[2018] QSC 318
•17 December 2018
Details
AGLC
Case
Decision Date
Attorney-General (Qld) v Currie [2018] QSC 318
[2018] QSC 318
17 December 2018
CaseChat Overview and Summary
The matter of Attorney-General (Qld) v Currie involved the Attorney-General seeking a review of a continuing detention order imposed on the respondent, Mr Currie, under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The primary issue before the court was whether the continuing detention order should be affirmed to ensure the adequate protection of the community. The court needed to assess the risk posed by Mr Currie to the community, particularly his risk of committing serious sexual offences if released, and determine whether the risk could be adequately managed through a supervision order.
The court considered various factors, including the psychiatric evidence and the progress Mr Currie had made in his individual treatment program with Dr Madsen. The court found that Mr Currie continued to pose an unacceptable risk of sexual recidivism, as evidenced by the psychiatric assessments and his ongoing sexual preoccupation and lack of insight into his behaviour. While acknowledging the positive developments in Mr Currie's treatment, the court was not convinced that the risk could be adequately managed through a supervision order, particularly in light of his antisocial personality and psychopathic traits. The court concluded that the risk to the community would remain too high if Mr Currie were released on a supervision order.
Accordingly, the court decided to affirm the continuing detention order, finding that it was necessary to ensure the adequate protection of the community. The court emphasised that the paramount consideration was the protection of the community and that the risk posed by Mr Currie was too significant to be managed through a supervision order.
ORDER: The Court affirms the continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) to ensure the adequate protection of the community.
The court considered various factors, including the psychiatric evidence and the progress Mr Currie had made in his individual treatment program with Dr Madsen. The court found that Mr Currie continued to pose an unacceptable risk of sexual recidivism, as evidenced by the psychiatric assessments and his ongoing sexual preoccupation and lack of insight into his behaviour. While acknowledging the positive developments in Mr Currie's treatment, the court was not convinced that the risk could be adequately managed through a supervision order, particularly in light of his antisocial personality and psychopathic traits. The court concluded that the risk to the community would remain too high if Mr Currie were released on a supervision order.
Accordingly, the court decided to affirm the continuing detention order, finding that it was necessary to ensure the adequate protection of the community. The court emphasised that the paramount consideration was the protection of the community and that the risk posed by Mr Currie was too significant to be managed through a supervision order.
ORDER: The Court affirms the continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) to ensure the adequate protection of the community.
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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Orders and Declarations relating to Serious or Violent Offenders or Dangerous Sexual Offenders
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Dangerous Sexual Offender
Actions
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Most Recent Citation
Attorney-General for the State of Queensland v Currie [2021] QSC 197
Cases Citing This Decision
2
Attorney-General for the State of Queensland v Currie
[2021] QSC 197
Attorney-General for the State of Queensland v Currie
[2021] QSC 197
Cases Cited
6
Statutory Material Cited
1
Attorney-General for the State of Queensland v Currie
[2016] QSC 48
Attorney-General (Qld) v Currie
[2017] QSC 318
Attorney-General (Qld) v Kennedy
[2016] QSC 287