Attorney-General (Qld) v Fardon

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SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General for the State of Queensland v Fardon [2005] QSC 137

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
ROBERT JOHN FARDON

(respondent)

FILE NO/S:

BS5346 of 2003

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court, Brisbane

DELIVERED ON:

11 May 2005

DELIVERED AT:

Brisbane

HEARING DATE:

8 and 9 February 2005

JUDGE:

Moynihan J

ORDER:

1.   That the respondent continue to be the subject of a continuing detention order.

CATCHWORDS:

STATUTES – ACTS OF PARLIAMENT – STATUTORY POWERS AND DUTIES – EXERCISE – GENERAL MATTERS – where respondent ordered to be detained in custody pursuant to Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) for indefinite term for control, care and treatment – where Attorney-General made application for order to be reviewed at end of one year – where court is to be satisfied that there is serious danger to community because of unacceptable risk the prisoner will commit serious sexual offence if released, or released unsupervised.

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).

Attorney-General (Qld) v Downs [2005] QSC 016;
Attorney-General (Qld) v Fardon [2003] QSC 379;
Attorney-General (Qld) v Fardon [2003] QCA 416;
Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616;
Fardon v Attorney-General (Qld) (2004) 78 ALJR 1519;
Grassby v The Queen (1989) 168 CLR 1;

M v M (1988) 166 CLR 69.

COUNSEL:

Mr M Hinson SC for the applicant

Mr D Ross SC for the respondent

SOLICITORS:

Crown Solicitor for the applicant

Robertson O’Gorman Solicitors for the respondent

Introduction

  1. On 6 November 2003 White J ordered, pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act), that Robert John Fardon (the respondent) be detained in custody for an indefinite term for control, care and treatment; Attorney-General (Qld) v Fardon[1].

  1. Section 27 of the Act requires that such an order be reviewed at the end of one year after it was made.  The Attorney-General is to make an application for such a review and has done so.  This is the outcome of the review.

The Act and provision for review:

  1. Put shortly the Act provides for the continued detention of a prisoner in a particular category when the court is satisfied that there is a serious danger to the community because of an unacceptable risk the prisoner will commit a serious sexual offence if released, or released unsupervised.

  1. The constitutional validity of the Act was upheld first by the Court of Appeal Division of this court (Attorney-General (Qld) v Fardon[2]) and, subsequent to White J’s decision, by the High Court; Fardon v Attorney-General (Qld)[3].

  1. The objects of the Act are stated by s 3 to be:

“(a)to provide for the continued detention in custody or supervised release of a particular class of prisoner to ensure the adequate protection of the community; and

(b)         

to provide…

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Details
Case
[2005] QSC 137
Decision Date

CaseChat Overview and Summary

The respondent, Fardon, was ordered to be detained in custody pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) for an indefinite term for control, care, and treatment. The Attorney-General made an application for the order to be reviewed at the end of one year. The primary focus of the review was to determine whether there was a serious danger to the community due to an unacceptable risk that the prisoner would commit a serious sexual offence if released or released unsupervised.

The court was tasked with interpreting the statutory language of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and determining whether the respondent posed a serious danger to the community. The key issue was whether the court was to be satisfied that the respondent would commit a serious sexual offence if released or released unsupervised. The court examined the relevant statutory provisions and the evidence presented to assess the risk posed by the respondent.

In its reasoning, the court found that the statutory language required the court to be satisfied that there was a serious danger to the community. The court considered the evidence and concluded that the risk of the respondent committing a serious sexual offence if released was unacceptable. Therefore, the court was satisfied that there was a serious danger to the community because of the unacceptable risk the prisoner would commit a serious sexual offence if released or released unsupervised. Consequently, the court ordered that the respondent continue to be the subject of a continuing detention order.

Orders

Orders of the court

1. That the respondent continue to be the subject of a continuing detention order.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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