Attorney-General (Qld) v Lawrence

Case [2014] QSC 77

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v Lawrence [2014] QSC 77

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(Applicant)

v

MARK RICHARD LAWRENCE

(Respondent)

FILE NO/S:

BS 7468 of 2007

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

2 May 2014

DELIVERED AT:

Brisbane

HEARING DATE:

14 February 2014

JUDGE:

Philip McMurdo J

ORDER:

It will be ordered that:

1. the decision made on 3 October 2008 that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 Part 2 of the Act be affirmed;

2.   the continuing detention order made on 8 October 2008 be rescinded; and

3.   the respondent be released from custody on 2 May 2014 and from that time be subject to the requirements which are set out in the reasons for judgment for a period of 15 years from the date of his release.

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 a violent and sexual offender - where the respondent is subject to a continuing detention order – where an annual review is required under s 27 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – whether the respondent is a serious danger to the community – whether adequate protection of the community could be ensured by the supervised release of the respondent.

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 27, s 30

Attorney-General (Qld) v Beattie [2007] QCA 96
Attorney-General (Qld) v Fardon [2013] QCA 365
Attorney-General (Qld) v Francis [2007] 1 Qd R 396
Attorney-General for the State of Queensland v Lawrence [2008] QSC 230
Attorney-General for the State of Queensland v Lawrence [2010] 1 Qd R 505
Attorney-General for the State of Queensland v Lawrence [2011] QSC 291
Attorney-General (Qld) v Lawrence [2011] QCA 347
Attorney-General for the State of Queensland v Lawrence [2012] QSC 386
Attorney-General (Qld) v Lawrence (2013) 306 ALR 281
Lawrence v Attorney-General for the State of Queensland [2009] HCA Trans 244
Lawrence v Attorney-General for the State of Queensland [2012] HCA Trans 247

COUNSEL:

J B Rolls for the applicant

J J Allen for the respondent

SOLICITORS:

Crown Law for the applicant

Legal Aid Queensland for the respondent

  1. This is an application made pursuant to s 27 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (“the Act”) for the review of the continuing detention of the respondent. The applicant, the Attorney-General, argues that the respondent should remain subject to the continuing detention order which is in place. For the respondent it is conceded that he would be a serious danger to the community in the absence of an order under Division 3 of the Act, but it is submitted that he should be released under a supervision order.

History

  1. The respondent was born in 1961 and is now aged 52.  He has been…

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AGLC
Attorney-General (Qld) v Lawrence [2014] QSC 77
Case
[2014] QSC 77
Decision Date

CaseChat Overview and Summary

The decision in Attorney-General (Qld) v Lawrence involved a respondent who was a subject of a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The respondent, a violent and sexual offender, was required to undergo an annual review under section 27 of the Act. The primary issue before the court was to determine if the respondent posed a serious danger to the community and whether the community could be adequately protected through the supervised release of the respondent.

The court considered extensive evidence regarding the respondent's criminal history, the nature of his offenses, and expert assessments on his risk of reoffending. It examined the statutory criteria and judicial precedents that govern the determination of whether a person constitutes a serious danger to the community. The court balanced the need for public safety against the respondent's potential for rehabilitation and reintegration into society under controlled conditions.

In its judgment, the court concluded that while the respondent had a significant history of violent and sexual offenses, the evidence did not conclusively demonstrate that he posed an ongoing serious danger to the community. The court found that adequate measures could be implemented to ensure the protection of the public, including supervised release with stringent conditions. Consequently, the court affirmed the decision that the respondent was a serious danger to the community but rescinded the continuing detention order. Instead, the respondent was to be released on a specified date and subject to a 15-year supervision period with detailed conditions to mitigate any risk of reoffending.

Orders

Orders of the court

It will be ordered that:

1. the decision made on 3 October 2008 that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 Part 2 of the Act be affirmed;

2. the continuing detention order made on 8 October 2008 be rescinded; and

3. the respondent be released from custody on 2 May 2014 and from that time be subject to the requirements which are set out in the reasons for judgment for a period of 15 years from the date of his release.

Background

Background to the litigation

Full text does not contain this section.

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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