Attorney-General (Qld) v Nallajar - [2016] QSC 317

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v Nallajar [2016] QSC 317

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(applicant)

v
EDWARD GEORGE NALLAJAR

(respondent)

FILE NO/S:

BS No 6021 of 2016

DIVISION:

Trial Division

PROCEEDING:

Originating application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

16 December 2016

DELIVERED AT:

Brisbane

HEARING DATE:

5 and 14 December 2016

JUDGE:

Burns J

ORDER:

1. The court, being satisfied to the requisite standard that the respondent, Edward George Nallajar, is a serious danger to the community in the absence of an order pursuant to Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), orders that the respondent be released from custody subject to the requirements set forth in the Schedule to these reasons, until 16 December 2026.

2. The court directs that a copy of these reasons be supplied to those persons who, within corrective services, are responsible for managing and treating Mr Nallajar.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY– where there is an application pursuant to s 5 of the Dangerous Prisoners (Sexual Offenders) Act 2003 for an order pursuant to Division 3 of Part 2 of that Act – whether the respondent is a serious danger to the community in the absence of a Division 3 order – where the court may order a continuing detention order or a supervision order pursuant to s 13(5) of the Act – whether the adequate protection of the community can be reasonably and practicably managed by a supervision order – whether the requirements under s 16 of the Act can be reasonably and practicably managed by corrective services officers

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 2, s 3, s 5, s 13, s 16

Attorney-General (Qld) v Beattie [2007] QCA 96, followed
Attorney-General (Qld) v Fardon [2011] QCA 111, cited
Attorney-General (Qld) v Francis [2007] 1 Qd R 396; [2006] QCA 324, cited
Attorney-General (Qld) v Kanaveilomani [2013] QCA 404, cited
Attorney-General (Qld) v Kennedy [2016] QSC 287, followed
Attorney-General (Qld) v Lawrence [2010] 1 Qd R 505; [2009] QCA 136, cited
Attorney-General (Qld) v Phineasa [2013] 1 Qd R 305; [2012] QCA 184, cited
Attorney-General (Qld) v Sutherland [2006] QSC 268, followed
Fardon v Attorney-General (Qld) (2004) 223 CLR 575; [2004] HCA 46, cited
Kynuna v Attorney-General for the State of Queensland [2016] QCA 172, cited
Turnbull v Attorney-General (Qld) [2015] QCA 54, cited

COUNSEL:

B H P Mumford for the applicant

T Ryan for the respondent

SOLICITORS:

G R Cooper Crown Solicitor for the applicant

Legal Aid Queensland for the respondent

HIS HONOUR: By this application, the Honourable Attorney-General for the State of Queensland seeks an order pursuant to Div 3 of Pt 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), detaining the respondent, Edward…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Attorney-General (Qld) v Nallajar and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2016] QSC 317
Decision Date: 16 December 2016

CaseChat Overview and Summary

The applicant, the Attorney-General for the State of Queensland, filed an application under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) to determine whether the respondent, Edward George Nallajar, poses a serious danger to the community. The application was heard in the Supreme Court of Queensland, which had to decide whether Mr Nallajar qualified for a dangerous sexual offender declaration and, if so, whether he should be subject to a continuing detention order or a supervision order under the Act. The court was tasked with assessing the risk Mr Nallajar posed to the community and whether this risk could be adequately managed through a supervision order or if continuing detention was necessary.

The court examined the evidence presented regarding Mr Nallajar's criminal history, psychological evaluations, and potential future risk to the community. It considered whether the statutory criteria for declaring him a dangerous sexual offender were met and whether a supervision order could provide adequate protection to the community. The court had to weigh the risk Mr Nallajar posed against the practicability and reasonableness of managing that risk through corrective services. It was also necessary to consider whether the requirements of section 16 of the Act could be managed by corrective services officers.

After reviewing the evidence and the relevant statutory provisions, the court concluded that Mr Nallajar was a serious danger to the community in the absence of an order under Division 3 of Part 2 of the Act. However, the court found that the adequate protection of the community could be reasonably and practicably managed by a supervision order. Therefore, the court ordered Mr Nallajar's release from custody, subject to the requirements specified in the Schedule to the court's reasons, until 16 December 2026. The court directed that a copy of these reasons be supplied to those within corrective services responsible for managing and treating Mr Nallajar.

The final orders of the court were that Mr Nallajar be released from custody subject to specified requirements until 16 December 2026 and that a copy of the reasons be supplied to relevant corrective services personnel. This decision highlights the court's role in balancing public safety with the individual's rights under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).

Orders

Orders of the court

1. The court, being satisfied to the requisite standard that the respondent, Edward George Nallajar, is a serious danger to the community in the absence of an order pursuant to Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), orders that the respondent be released from custody subject to the requirements set forth in the Schedule to these reasons, until 16 December 2026.

2. The court directs that a copy of these reasons be supplied to those persons who, within corrective services, are responsible for managing and treating Mr Nallajar.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Attorney-General (Qld) v Nallajar [2016] QSC 317
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v EDWARD GEORGE NALLAJAR (respondent)
FILE NO/S:	BS No 6021 of 2016
DIVISION:	Trial Division
PROCEEDING:	Originating application
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED EX TEMPORE ON:	16 December 2016
DELIVERED AT:	Brisbane
HEARING DATE:	5 and 14 December 2016
JUDGE:	Burns J
ORDER:	1. The court, being satisfied to the requisite standard that the respondent, Edward George Nallajar, is a serious danger to the community in the absence of an order pursuant to Division 3 of Part 2 of the *Dangerous Prisoners (Sexual Offenders) Act* 2003 (Qld), orders that the respondent be released from custody subject to the requirements set forth in the Schedule to these reasons, until 16 December 2026. 2. The court directs that a copy of these reasons be supplied to those persons who, within corrective services, are responsible for managing and treating Mr Nallajar.
CATCHWORDS:	CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY– where there is an application pursuant to s 5 of the Dangerous Prisoners (Sexual Offenders) Act 2003 for an order pursuant to Division 3 of Part 2 of that Act – whether the respondent is a serious danger to the community in the absence of a Division 3 order – where the court may order a continuing detention order or a supervision order pursuant to s 13(5) of the Act – whether the adequate protection of the community can be reasonably and practicably managed by a supervision order – whether the requirements under s 16 of the Act can be reasonably and practicably managed by corrective services officers Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 2, s 3, s 5, s 13, s 16 Attorney-General (Qld) v Beattie [2007] QCA 96, followed Attorney-General (Qld) v Fardon [2011] QCA 111, cited Attorney-General (Qld) v Francis [2007] 1 Qd R 396; [2006] QCA 324, cited Attorney-General (Qld) v Kanaveilomani [2013] QCA 404, cited Attorney-General (Qld) v Kennedy [2016] QSC 287, followed Attorney-General (Qld) v Lawrence [2010] 1 Qd R 505; [2009] QCA 136, cited Attorney-General (Qld) v Phineasa [2013] 1 Qd R 305; [2012] QCA 184, cited Attorney-General (Qld) v Sutherland [2006] QSC 268, followed Fardon v Attorney-General (Qld) (2004) 223 CLR 575; [2004] HCA 46, cited Kynuna v Attorney-General for the State of Queensland [2016] QCA 172, cited Turnbull v Attorney-General (Qld) [2015] QCA 54, cited
COUNSEL:	B H P Mumford for the applicant T Ryan for the respondent
SOLICITORS:	G R Cooper Crown Solicitor for the applicant Legal Aid Queensland for the respondent