Attorney-General (Qld) v Falls - [2016] QSC 101

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v Falls [2016] QSC 101

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
BRETT JOSEPH FALLS
(respondent)

FILE NO:

BS 1987 of 2016

DIVISION:

Trial Division

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED EX TEMPORE ON:

21 April 2016

DELIVERED AT:

Brisbane

HEARING DATE:

18, 21 April 2016

JUDGE:

Burns J

ORDER:

The court being satisfied to the requisite standard that the respondent, Brett Joseph Falls (also known as Duncanson), is a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld):

1. Orders that Mr Falls be subject to a supervision order incorporating the conditions set out in the Schedule to these reasons until 21 April 2026;

2. Directs that a copy of the reports of Dr Harden dated 30 August 2015, Dr Sundin dated 19 March 2016 and Dr Aboud dated 24 March 2016 as well as a copy of this decision be provided to the person who is, from time to time, Mr Falls’ treating psychiatrist.

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 Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 – 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 Dangerous Prisoners (Sexual Offenders) Act 2003 – whether a supervision order would ensure the adequate protection of the community within the meaning of s 13(6) of the Dangerous Prisoners (Sexual Offenders) Act 2003

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) s 3, s 5, s 8, s 13, s 16

Child Protection (Offender Reporting) Act 2004 (Qld), s 50

Attorney-General (Qld) v Francis [2007] 1 Qd R 396

Attorney-General v Mitchell [2015] QSC 121

COUNSEL:

K Philipson for the applicant
C Reid for the respondent

SOLICITORS:

Crown Law for the applicant
Legal Aid Queensland for the respondent

HIS HONOUR: Today is the full-time release date with respect to a period of imprisonment imposed on the respondent, Brett Joseph Falls, who is also known by the surname Duncanson, for the commission of a serious sexual offence. As such, Mr Falls would ordinarily expect to be released from custody later today, but the Honourable Attorney-General for the State of Queensland has made application for an order pursuant to s 13(5)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) which, if made, will have the effect of keeping Mr Falls in custody for an indefinite term for care, treatment or control.

In the alternative, an order is sought by the Attorney-General to allow for Mr Falls’ release from custody on supervision pursuant to s 13(5)(b) of the Act, subject to such…

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 Falls

Details

AGLC: Attorney-General (Qld) v Falls [2016] QSC 101
Case: [2016] QSC 101
Decision Date: 21 April 2016

CaseChat Overview and Summary

The case of Attorney-General (Qld) v Falls involves the application for a supervision order under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The applicant, the Attorney-General of Queensland, seeks the order on the basis that the respondent, Brett Joseph Falls, poses a significant risk to the community if not subject to the specified conditions. The court must determine whether Falls is a serious danger to the community and whether a supervision order would ensure adequate protection of the community.

The primary legal issue before the court was whether Brett Joseph Falls is a serious danger to the community in the absence of a supervision order. The court was required to assess the evidence presented, including expert psychiatric reports, to determine the likelihood of Falls reoffending if released. Additionally, the court needed to consider whether a supervision order, as opposed to continuing detention, would sufficiently protect the community, balancing Falls’ rights with the need for public safety.

In reaching its decision, the court thoroughly reviewed the psychiatric assessments and expert opinions provided by Dr Harden, Dr Sundin, and Dr Aboud. The court found that Falls met the threshold for being classified as a serious danger to the community. The court was satisfied that a supervision order, with the specific conditions outlined in the schedule to the decision, would ensure adequate protection of the community. The court concluded that while Falls posed a significant risk, a supervision order was a suitable alternative to continuing detention, providing the necessary safeguards without unduly infringing on his rights.

The court ordered that Brett Joseph Falls be subject to a supervision order until 21 April 2026, incorporating the conditions set out in the schedule to the decision. Additionally, the court directed that copies of the relevant psychiatric reports and the decision itself be provided to Falls' treating psychiatrist.

Orders

Orders of the court

The court being satisfied to the requisite standard that the respondent, Brett Joseph Falls (also known as Duncanson), is a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld):

1. Orders that Mr Falls be subject to a supervision order incorporating the conditions set out in the Schedule to these reasons until 21 April 2026;

2. Directs that a copy of the reports of Dr Harden dated 30 August 2015, Dr Sundin dated 19 March 2016 and Dr Aboud dated 24 March 2016 as well as a copy of this decision be provided to the person who is, from time to time, Mr Falls’ treating psychiatrist.

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

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Ratio Decidendi

Legal Principle Established

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CITATION:	Attorney-General (Qld) v Falls [2016] QSC 101
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v BRETT JOSEPH FALLS (respondent)
FILE NO:	BS 1987 of 2016
DIVISION:	Trial Division
PROCEEDING:	Originating Application
ORIGINATING COURT:	Supreme Court of Queensland
DELIVERED EX TEMPORE ON:	21 April 2016
DELIVERED AT:	Brisbane
HEARING DATE:	18, 21 April 2016
JUDGE:	Burns J
ORDER:	The court being satisfied to the requisite standard that the respondent, Brett Joseph Falls (also known as Duncanson), is a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld): 1. Orders that Mr Falls be subject to a supervision order incorporating the conditions set out in the Schedule to these reasons until 21 April 2026; 2. Directs that a copy of the reports of Dr Harden dated 30 August 2015, Dr Sundin dated 19 March 2016 and Dr Aboud dated 24 March 2016 as well as a copy of this decision be provided to the person who is, from time to time, Mr Falls’ treating psychiatrist.
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 Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 – 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 Dangerous Prisoners (Sexual Offenders) Act 2003 – whether a supervision order would ensure the adequate protection of the community within the meaning of s 13(6) of the Dangerous Prisoners (Sexual Offenders) Act 2003 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) s 3, s 5, s 8, s 13, s 16 Child Protection (Offender Reporting) Act 2004 (Qld), s 50 Attorney-General (Qld) v Francis [2007] 1 Qd R 396 Attorney-General v Mitchell [2015] QSC 121
COUNSEL:	K Philipson for the applicant C Reid for the respondent
SOLICITORS:	Crown Law for the applicant Legal Aid Queensland for the respondent