SUPREME COURT OF QUEENSLAND
CITATION:
Attorney-General (Qld) v Hill [2021] QSC 150
PARTIES:
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
IAN MALCOLM CLAUDE HILL
(respondent)
FILE NO/S:
BS 5977 of 2019
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
14 June 2021
DELIVERED AT:
Brisbane
HEARING DATE:
14 June 2021 (ex tempore)
JUDGE:
Brown J
ORDER:
Order as per draft
CATCHWORDS:
CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent is subject to a supervision order the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where applicant applied for orders that the supervision order was contravened – where the respondent admits the supervision order was contravened – whether the adequate protection of the community can be ensured by the existing supervision order
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), ss 13, 22
Attorney-General for the State of Queensland v Fardon [2011] QCA 111
Attorney-General for the State of Queensland v Francis [2007] 1 Qd R 396; [2006] QCA 324
Attorney-General (QLD) v Hill [2020] QSC 47
Attorney-General for the State of Queensland v Sands [2016] QSC 225
Kynuna v Attorney-General for the State of Queensland [2016] QCA 172
COUNSEL:
M Maloney for the applicant
S Robb for the respondent
SOLICITORS:
Crown Law for the applicant
Legal Aid Queensland for the respondent
This is an application by the Attorney-General for the State of Queensland (the applicant) seeking orders pursuant to section 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act) that Ian Malcolm Claude Hill (the respondent) has contravened the supervision order made by this Court on 20 March 2020 (Supervision Order). The particulars of the contravention have been set out in the application filed 11 February 2021, and arise out of the failures of the respondent to comply with curfew directions under paragraph 14 of the Supervision Order.
The respondent admits the contraventions of the Supervision Order and accepts that the Court would be satisfied to the requisite standard that he has contravened requirement 14 of the Supervision Order that he was subject to, and, therefore, that the jurisdiction to make orders under section 22 of the Act is enlivened. I am satisfied on the balance of probabilities, on the basis of the evidence presented by the applicant and the admissions made, that the relevant contraventions have been made out.
If the Court finds that the respondent has contravened the Supervision Order, the Court must, pursuant to section 22(2) of the Act, rescind the Supervision Order and make a continuing detention order, unless the respondent can satisfy the Court on the balance of probabilities that the adequate protection of the community can be ensured by the existing supervision order, either with or without amendments, despite the contraventions.[1]
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- AGLC
- Attorney-General (Qld) v Hill [2021] QSC 150
- Case
- [2021] QSC 150
- Decision Date
CaseChat Overview and Summary
The court considered the overarching purpose of the Dangerous Prisoners (Sexual Offenders) Act 2003, which is to protect the community from dangerous sexual offenders. The court noted the respondent's admission of contravening the supervision order and examined the specific conditions breached. The respondent argued that, despite the contravention, the existing supervision order could still ensure adequate protection of the community. The court weighed the respondent's history, the nature of the contravention, and the effectiveness of the current supervision measures in ensuring community safety.
After careful consideration, the court found that the existing supervision order could adequately protect the community, taking into account the respondent's history and the specific circumstances of the contravention. The court emphasised the importance of rehabilitation and the respondent's compliance with the supervision order moving forward. Consequently, the court decided to maintain the existing supervision order but imposed additional conditions to enhance community protection.
The final orders of the court included the continuation of the supervision order with additional conditions designed to strengthen the supervision and rehabilitation measures. These conditions were intended to ensure the respondent's compliance and the adequate protection of the community.
Orders
Orders of the court
Order as per draft
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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