Attorney-General (Qld) v Kemp

The respondent was released from custody under a supervision order imposed under the Sentencing Act 2017 (Qld). The order included conditions that the respondent not consume alcohol or illicit drugs. The Attorney-General of Queensland made an application under section 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) for a continuing detention order in relation to the respondent on the basis that the supervision order was not sufficient to ensure adequate protection of the community. The court was required to determine whether a supervision order could adequately protect the community or whether a continuing detention order was necessary.

The court considered the severity of the respondent's offending history, the risk of reoffending, and the effectiveness of the supervision order in preventing the respondent from consuming alcohol and illicit drugs. The court held that the supervision order was not sufficient to ensure adequate protection of the community. The respondent had breached the supervision order by consuming alcohol and illicit drugs, indicating that the supervision order was not effective in preventing the respondent from engaging in such behaviour. The court also considered that the respondent's history of serious and violent offending, including sexual offences, posed a significant risk to the community. The court held that a continuing detention order was necessary to ensure adequate protection of the community.

The court made an order pursuant to section 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) that the respondent be detained in a continuing detention order. The court found that a supervision order was not sufficient to ensure adequate protection of the community and that a continuing detention order was necessary to prevent the respondent from engaging in behaviour that posed a risk to the community. The court also noted that the respondent's history of serious and violent offending, including sexual offences, indicated a significant risk of reoffending. The order in terms of the draft initialled by Mullins J was placed with the file.