SUPREME COURT OF QUEENSLAND
CITATION:
Attorney-General (Qld) v Jackway [2018] QSC 137
PARTIES:
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
DOUGLAS BRIAN JACKWAY
(respondent)
FILE NO:
BS 7422 of 2011
DIVISION:
Trial Division
PROCEEDING:
Application
DELIVERED ON:
5 June 2018
DELIVERED AT:
Brisbane
HEARING DATE:
16 April 2018, 1 June 2018
JUDGE:
Crow J
ORDER:
The Court affirms the decision of Acting Justice O’Brien made on 28 February 2012 that the respondent, Douglas Brian Jackway, is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 and orders that:
1. The respondent, Douglas Brian Jackway, continue to be subject to the continuing detention order made on 28 February 2012.
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 detained under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where the applicant applied for the order to be reaffirmed under section 30 of the Act – where reporting psychiatrists opined that if the respondent were released on a supervision order there would be a moderate chance of reoffending, and this could increase to high if the respondent took illicit substances or was experiencing stressors – where subsequent to the initial hearing date, the respondent tested positive to Buprenorphine, a synthetic opioid – whether the respondent should remain under the Continuing Detention Order under the Act
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) s 3, s 13, s 27, s 29, s 30
A-G (Qld) v Jackway [2015] QSC 26, cited
A-G (Qld) v Jackway [2016] QSC 74, cited
Attorney-General (Qld) v DBJ [2017] QSC 302, considered
Attorney-General (Qld) v Jackway [2017] QSC 67, cited
Attorney General for the State of Queensland v DJ, unreported, O’Brien AJ, SC No 7422 of 2011, 28 February 2012, cited
Attorney-General for the State of Queensland v Francis [2006] QCA 324, considered
Attorney-General for the State of Queensland v Lawrence [2010] 1 Qd R 505, cited
Director of Public Prosecutions (WA) v GTR [2008] WASCA 187, cited
Director of Public Prosecutions (WA) v Williams [2007] WASCA 206, cited
Fardon v Attorney-General (Qld) (2004) 78 ALJR 1519, cited
New South Wales v Kruse (No 2) [2014] NSWSC 128, cited
Turnbull v Attorney-General for the State of Queensland [2015] QCA 54, consideredCOUNSEL:
P Dunning QC with J Rolls for the applicant
J Allen QC with C Smith for the respondent
SOLICITORS:
Crown Law for the applicant
Legal Aid Queensland for the respondent
This is the fifth annual review pursuant to s 27 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act) of the continuing detention of Douglas Brian Jackway (the respondent). The applicant seeks to have the order made pursuant to s 30(2) by O’Brien AJ on 28…
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- Case
- [2018] QSC 137
- Decision Date
CaseChat Overview and Summary
The court considered the expert evidence provided by psychiatrists Dr Lars Madsen and Dr Grant. Dr Grant opined that Jackway suffered from anti-social personality disorder and psychopathic personality disorder, which impaired his ability to empathise with others and demonstrated a tendency to lack remorse for his offences. Dr Grant considered that Jackway's sexual offending was likely motivated by his severe personality disorder and impulsivity, rather than any sexual paraphilia. However, Dr Grant also noted that Jackway had a history of substance abuse, which could increase his risk of reoffending. Additionally, Jackway had tested positive for Buprenorphine, a synthetic opioid, after the initial hearing date.
The court concluded that the risk of Jackway reoffending if released on a supervision order remained high, particularly if he were to use illicit substances or experience stressors. Given the seriousness of Jackway's prior offences and the ongoing risk he posed to the community, the court affirmed the decision of O’Brien AJ and ordered that Jackway continue to be subject to the continuing detention order. The court was satisfied that the risk of reoffending would be too great if Jackway were released into the community.
Orders
Orders of the court
The Court affirms the decision of Acting Justice O’Brien made on 28 February 2012 that the respondent, Douglas Brian Jackway, is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 and orders that:
1. The respondent, Douglas Brian Jackway, continue to be subject to the continuing detention order made on 28 February 2012.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.