Attorney-General (Qld) v Kennedy

The Attorney-General of Queensland sought orders against Damien Paul Kennedy, who was subject to a supervision order made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The Attorney-General alleged that Kennedy had contravened a requirement of his supervision order and sought to have him detained and subject to further orders. Kennedy admitted to the contravention and was detained, but the Attorney-General subsequently applied for orders under the Act, seeking that Kennedy be detained and that an affidavit he provided be sealed and not opened without a court order. The court had to determine whether, despite the contravention, the adequate protection of the community could be ensured by the existing supervision order.

The court examined whether the contravention was serious enough to warrant a departure from the existing supervision order. The court found that the contravention was not so serious as to undermine the effectiveness of the supervision order in ensuring the adequate protection of the community. The court considered the nature of the contravention and the overall circumstances of the case, including Kennedy’s compliance with other requirements of the supervision order and the risk he posed to the community. The court was satisfied that the existing supervision order could still ensure the adequate protection of the community, despite the contravention.

Accordingly, the court ordered that Kennedy be released from custody and continue to be subject to the supervision order made on 5 December 2016. The court also ordered that Kennedy’s affidavit be placed in an envelope, sealed and not opened without an order of a Judge of the court. The court’s decision reflects the need to balance the seriousness of the contravention with the overall effectiveness of the supervision order in ensuring the adequate protection of the community. The court found that the contravention did not warrant a departure from the existing supervision order, and that the adequate protection of the community could still be ensured by the supervision order.