Attorney-General (Qld) v Fardon

The Attorney-General for Queensland has appealed against the order of Dick AJ who, on 20 May 2011, released the respondent from custody and imposed a supervision order. The applicant argues that the community can only be adequately protected against the risk of the respondent re-offending by detaining him in custody. The appeal seeks a stay of the order made by Dick AJ until the appeal is heard.

The court had to determine whether a stay should be granted of the order made by Dick AJ, which released the respondent from custody subject to a supervision order. The appeal raised questions about the principles governing the grant or refusal of a stay of proceedings, particularly in circumstances where there is a risk of re-offending by the respondent.

The court examined the general principles that guide the grant or refusal of a stay of proceedings. It considered the balance between the interests of the community in protecting public safety and the rights of the individual respondent. The court noted the seriousness of the respondent's offences and the risk of re-offending but also considered the conditions of the supervision order. Ultimately, the court found that the appeal had a real prospect of success and that the balance of convenience favoured a stay of the order until the appeal was determined. The court issued an order that the order of Dick AJ not take effect until the determination of the appeal, or earlier order.