Attorney-General (Qld) v Jackway

The matter before the Queensland Court of Appeal involved the Attorney-General of Queensland, as the applicant, and Douglas Brian Jackway, the respondent. The dispute centred on the reaffirmation of a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The applicant sought to reaffirm the order, asserting that the respondent remained a significant danger to the community. The respondent argued that positive behavioural changes warranted a reassessment of his risk level.

The primary legal issue before the court was whether the respondent should continue to be detained under the continuing detention order. This hinged on the assessment of the respondent’s risk of reoffending if released. The court had to consider the opinions of the respondent’s treating forensic psychologist, who reported positive behavioural changes, and the opinions of two reporting psychiatrists, who both indicated a moderate to high risk of reoffending if the respondent were released, particularly if he took illicit substances or experienced stressors.

In its reasoning, the court acknowledged the positive behavioural changes noted by the respondent’s treating forensic psychologist. However, the court placed significant weight on the risk assessments provided by the reporting psychiatrists, who highlighted the potential for the respondent to reoffend if released. The court concluded that the moderate to high risk of reoffending, especially in the context of illicit substance use and stressors, justified the continuation of the continuing detention order. The court thus affirmed the earlier decision, ordering that the respondent remain subject to the continuing detention order.

The court's final orders were that Douglas Brian Jackway continue to be subject to the continuing detention order made on 28 February 2012, affirming the assessment that he poses a serious danger to the community.