SUPREME COURT OF QUEENSLAND
CITATION:
Attorney-General (Qld) v S [2021] QSC 193
PARTIES:
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
S
(respondent)FILE NO/S:
BS No 2012 of 2015
DIVISION:
Trial Division
PROCEEDING:
Originating Application
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
10 August 2021
DELIVERED AT:
Brisbane
HEARING DATE:
19 July 2021
JUDGE:
Williams J
ORDER:
THE COURT, being satisfied to the requisite standard that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003, ORDERS THAT:
1. The decision made on 9 June 2015 that the respondent is a serious danger to the community in the absence of a Division 3 order, be affirmed; and
2. The respondent continue to be subject to the continuing detention order made on 9 June 2015.
CATCHWORDS:
CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – GENERALLY – where the respondent was detained under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (DPSO Act) – where the applicant applied for the order to be reviewed under section 27(2) of the DPSO Act – where psychiatrists previously opined that the respondent was a moderate to high risk of reoffending sexually if released under a supervision order – where the respondent refused to be assessed by psychiatrists for the purpose of the review – where psychiatrists considered that the drafting of adequate conditional release orders would only be possible if the respondent engaged with assessment – whether the respondent is a serious danger to the community in the absence of a Division 3 order – whether adequate protection of the community can be ensured by the respondent’s release on a supervision order – whether the respondent should be released on a supervision order or the continuing detention order ought to be maintained
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 13, s 27, s 30
Attorney-General for the State of Queensland v Anderson [2020] QSC 142, cited
Attorney-General for the State of Queensland v S [2019] QSC 327, cited
Attorney-General (Qld) v S [2015] QSC 157, cited
Attorney-General (Qld) v S [2017] QSC 32, cited
Attorney-General (Qld) v S [2018] QSC 89, cited
Attorney-General (Qld) v S [2020] QSC 164, citedCOUNSEL:
M Maloney for the applicant
The respondent appeared on his own behalfSOLICITORS:
Crown Law for the applicant
The respondent appeared on his own behalf
The application is made pursuant to s 27(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (DPSO Act), that the Supreme Court of Queensland review the continuing detention order made by PD McMurdo J on 9 June 2015, affirmed by Brown J on 13 March 2017, and further affirmed by Lyons SJA on 30 April 2018, Wilson J on 13 May 2019 and Williams J on 1 June 2020 (fifth review).
The respondent…
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- AGLC
- Attorney-General (Qld) v S [2021] QSC 193
- Case
- [2021] QSC 193
- Decision Date
CaseChat Overview and Summary
The court considered the extensive evidence provided by psychiatrists, including their opinions that the respondent presented a moderate to high risk of reoffending if released under a supervision order. The court found that the respondent's refusal to participate in assessments and treatment programs significantly impacted the ability to draft conditional release orders. The court determined that the evidence was sufficient to satisfy the high standard of proof required by section 30(2) of the DPSO Act. Consequently, the court affirmed the previous decision that the respondent remained a serious danger to the community and that adequate protection of the community could not be ensured by his release on a supervision order.
The court ordered that the decision made on 9 June 2015, affirming that the respondent was a serious danger to the community, be upheld. It further ordered that the respondent continue to be subject to the continuing detention order made on the same date.
Orders
Orders of the court
THE COURT, being satisfied to the requisite standard that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003, ORDERS THAT:
1. The decision made on 9 June 2015 that the respondent is a serious danger to the community in the absence of a Division 3 order, be affirmed; and
2. The respondent continue to be subject to the continuing detention order made on 9 June 2015.
Background
Background to the litigation
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
The applicant’s position is as follows:“54. The position remains as it was when the matter came before the court in the fourth annual review in 2020. 55. The respondent presents as an untreated sexual offender. He has limited or no insight into his condition and the steps he needs to take to address his risk. He is aware of the importance of the meaningful participation in programs offered by Corrective Services. This was clearly an issue in the 2015, 2017, 2018, 2019 and 2020 hearings. The respondent denies the circumstances which gave rise to his incarceration. He has not demonstrated any emotional or intellectual commitment to participation in any programs which would serve to minimise the risk. He continues to refuse to participate in any treatment, discussions or risk assessment processes which may be of benefit to him.56. On the evidence of the psychiatrists, the respondent needs to meaningfully participate in a high intensity sexual offender treatment program or in individual treatment prior to his release into the community. If he did meaningfully participate in such program or treatment, it would provide his supervisors with more information about the offending pathways which the respondent is likely to traverse prior to the commission of any offence. It would enable supervision to be an effective tool in providing adequate serious social protection to the community. 57. Absent such participation, it is impossible, it is submitted, for the court to be satisfied that adequate protection to the community could be reasonably and practicably ensured by a supervision order.58. Taking into account all the evidence, the preference for a supervision order has been displaced. It cannot be found in the circumstances presented by the respondent’s presentation that adequate protection of the community is ensured by his release on supervision. 59. Accordingly, an order pursuant to s 30(3)(a) of the Act, ought be made.”Consideration The position of the respondent continues to be unchanged since the original application in 2015 and the reviews that took place in 2017, 2018, 2019 and 2020. The respondent remains an untreated sex offender.Whether the respondent is a serious danger to the community in the absence of a Division 3 order? Based on the evidence relied upon by the applicant, including the reports of Dr Arthur and Dr Moyle and the oral evidence they gave at the hearing, I am satisfied that there is acceptable, cogent evidence which satisfies me to the high degree of probability required pursuant to s 30(2) of the DPSO Act that the respondent remains a serious danger to the community in the absence of an order made under Division 3 of the DPSO Act. The psychiatric evidence, which I accept, identifies a moderate to high risk of reoffending and any offence, if committed, would constitute a sexual assault on an adult female or child with the risk of psychological damage and/or physical injury to any victim. In the circumstances, I am satisfied that the respondent presents a serious danger to the community in the absence of a Division 3 order under the DPSO Act and that the decision made on 9 June 2015 ought to be affirmed.Whether adequate protection of the community can be ensured by the respondent’s release on a supervision order?