Attorney-General (Qld) v Fardon

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.