Attorney-General (Qld) v Fisher

The Attorney-General for Queensland brought an application against Mr Fisher pursuant to section 22 of the Dangerous Prisoners (Sexual Offenders) Act 2002, alleging that he had breached a supervision order made by the Court on 22 November 2007. The supervision order was imposed as part of the conditions of Mr Fisher's parole following his release from prison for sexual offences. The central issue was whether the supervision order could still adequately protect the community despite Mr Fisher's breach by removing his electronic monitoring personal identification device. The Attorney-General argued that the supervision order should be rescinded, and Mr Fisher should be made subject to an order for continuing detention.

The court considered the nature of the breach and the gravity of Mr Fisher's past offences. The breach involved the removal of an electronic monitoring device, which was a significant action given Mr Fisher's history of sexual offences. The court examined whether the existing supervision order could still ensure the protection of the community, or if it was necessary to rescind the order and impose a more stringent detention order. In making its decision, the court took into account the potential risk Mr Fisher posed to the community and the effectiveness of the existing supervision measures.

After weighing the evidence and arguments, the court concluded that the existing supervision order could still provide adequate protection to the community, despite the breach. The court found that Mr Fisher's actions did not warrant a rescission of the supervision order and the imposition of a more stringent detention order. Therefore, the court ordered that Mr Fisher continue to be subject to the supervision order imposed by Mackenzie J on 22 November 2007.