SUPREME COURT OF QUEENSLAND
CITATION:
Attorney-General (Qld) v Penningson [2016] QSC 146
PARTIES:
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
PAIS WANMAN PENNINGSON(respondent)
FILE NO:
BS No 2031 of 2016
DIVISION:
Trial Division
PROCEEDING:
Originating Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
24 June 2016
DELIVERED AT:
Brisbane
HEARING DATE:
13 June 2016
JUDGE:
Burns J
ORDER:
Being satisfied to the requisite standard that the respondent, Pais Wanman Penningson, 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, the court orders that Pais Wanman Penningson be detained in custody for an indefinite term for control, care and treatment.
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 could be reasonably and practicably managed by a supervision order – whether the requirements under s 16 of the Act could be reasonably and practicably managed by corrective services officers
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) s 5, s 9A, s 13, s 16, s 27, s 28
Attorney-General (Qld) v Beattie [2007] QCA 96
Attorney-General (Qld) v Francis [2007] 1 Qd R 396; [2006] QCA 324
Attorney-General (Qld) v Kanaveilomani [2013] QCA 404
Attorney-General (Qld) v Phineasa [2013] 1 Qd R 305; [2012] QCA 184
Attorney-General (Qld) v Sutherland [2006] QSC 268 Fardon v Attorney-General (Qld) (2004) 223 CLR 575; [2004] HCA 46
Kynuna v Attorney-General for the State of Queensland [2016] QCA 172Turnbull v Attorney-General (Qld) [2015] QCA 54
COUNSEL:
J B Rolls for the applicant
J W J Fenton for the respondentSOLICITORS:
Crown Law for the applicant
Legal Aid Queensland for the respondent
By this application, the Honourable Attorney-General for the State of Queensland seeks an order pursuant to Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 detaining the respondent, Pais Wanman Penningson, in custody for an indefinite term for care, treatment or control: s 13(5)(a). In the alternative, if the court is minded to release Mr Penningson from custody, the Attorney-General asks that he be released subject to a supervision order under the Act: s 13(5)(b).
It was not in issue on the hearing of the application that Mr Penningson is a serious danger to the community in the absence of a Division 3 order.[1] Rather, for Mr Penningson it was submitted, at least initially, that the adequate protection…
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- Case
- [2016] QSC 146
- Decision Date
CaseChat Overview and Summary
The court examined the provisions of the Dangerous Prisoners (Sexual Offenders) Act 2003 and the criteria for determining whether an individual is a serious danger to the community. It considered the nature and severity of Penningson's offences, his history of reoffending, and expert psychiatric evidence regarding his risk of reoffending. The court concluded that Penningson's history of violent and sexual offending, coupled with his high risk of reoffending, justified the finding that he was a serious danger to the community. The court found that adequate protection of the community could not be reasonably and practicably managed by a supervision order, as Penningson's risk profile and the nature of his offences necessitated a higher level of control and treatment.
Consequently, the court determined that the appropriate order under s 13(5) of the Act was a continuing detention order. The court was satisfied that the requirements under s 16 of the Act, which pertain to the management of Penningson by corrective services officers, could be reasonably and practicably managed. The court ordered that Penningson be detained in custody for an indefinite term for control, care, and treatment.
Orders
Orders of the court
Being satisfied to the requisite standard that the respondent, Pais Wanman Penningson, 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, the court orders that Pais Wanman Penningson be detained in custody for an indefinite term for control, care and treatment.
Background
Background to the litigation
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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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