Attorney-General (Qld) v Penningson

The respondent, Pais Wanman Penningson, was subject to a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). This case involved the third annual review of his detention order. The central issue was whether Penningson should continue to be subject to the continuing detention order or if he could be released under a supervision order. The court had to consider the risk of Penningson reoffending and whether adequate community protection could be ensured by a supervision order.

The court examined the evidence provided by psychiatrists, Dr Arthur and Dr Harden, who assessed Penningson’s risk of sexual recidivism. Both psychiatrists concluded that Penningson's risk was high if he were unsupervised, but it would reduce significantly if he were placed under a supervision order. The court also considered the evidence from Ms Monson, who detailed the treatment and support Penningson had undergone and would continue to receive. The court found that the risk to the community could be adequately managed if Penningson were released under a supervision order with appropriate support and treatment.

The court affirmed the decision that Penningson was a serious danger to the community without a Division 3 order. However, it found that the risk could be sufficiently mitigated by a supervision order. Therefore, the court ordered Penningson’s release under supervision for five years, starting on 6 November 2019, with specific conditions to ensure community protection.

The final orders of the court were to affirm the previous decision that Penningson was a serious danger to the community and to release him on supervision for five years starting on 6 November 2019, under the conditions outlined in the schedule to the court’s reasons.