Attorney-General (Qld) v S - [2018] QSC 89

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v S [2018] QSC 89

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(Applicant)

v
S

(Respondent)

FILE NO/S:

BS No 2012 of 2015

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

1 May 2018

DELIVERED AT:

Brisbane

HEARING DATE:

30 April 2018

JUDGE:

Lyons SJA

ORDER:

The order of the court is that:

1. Pursuant to s 30(1) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the decision made on 9 June 2015, that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the Act, is affirmed.

2. Pursuant to s 30(3)(a) of the Act, 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 SEXUAL OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent was detained under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where the applicant applied under section 30 of the Act for the order to be reaffirmed – where the respondent continues to deny his sexual offending – where the respondent refused to participant in psychiatric assessments – where psychiatrists still consider that the respondent needs to complete certain programs – whether the respondent poses a serious danger to the community pursuant to the Act – whether the applicant has discharged the onus to establish that the respondent should continue to be subject to a continuing detention order – whether the community could be adequately protected by a supervision order

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) s 3, s 13, s 16, s 27, s 30

Attorney-General (Qld) v S [2015] QSC 157

Attorney-General (Qld) v S [2017] QSC 32

Kynuna v Attorney General for the State of Queensland [2016] QCA 172

COUNSEL:

Mr J. Rolls for the Applicant

Mr J. Cook for the Respondent

SOLICITORS:

Crown Law for the Applicant

Russo Lawyers for the Respondent

This application

This is an application pursuant to s 27 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (‘the Act’) for a review of the respondent’s continuing detention order. On 30 April 2018 I was satisfied that the respondent was a serious danger to the community in the absence of a Division 3 Order and affirmed the decision of 9 June 2015 that the respondent be detained indefinitely for control, care and treatment pursuant to s 13(5)(a) of the Act. These are the reasons for that decision.
On 9 June 2015, PD McMurdo J was satisfied that the respondent was a serious danger to the community in the absence of a Division 3 order under the Act and ordered that the respondent be detained indefinitely for control, care and treatment pursuant to s 13(5)(a) of the Act.
If a continuing detention order has been made under Division 3 of…

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.

Continue reading Attorney-General (Qld) v S

Details

AGLC: Attorney-General (Qld) v S [2018] QSC 89
Case: [2018] QSC 89
Decision Date: 1 May 2018

CaseChat Overview and Summary

The case involves the Attorney-General of Queensland applying for a reaffirmation of a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) against the respondent, who has been detained under such an order. The respondent has consistently denied his sexual offending and has refused to participate in psychiatric assessments. Despite this, psychiatrists believe the respondent requires certain programs to mitigate his risk. The court had to determine whether the respondent poses a serious danger to the community and whether the Attorney-General had met the onus of proving that a continuing detention order was necessary, or if a supervision order could provide adequate community protection.

The primary legal issue before the court was whether the respondent, who continues to deny his sexual offences and refuses psychiatric assessments, poses a serious danger to the community, justifying his continued detention under the Act. Additionally, the court had to consider whether the Attorney-General had successfully discharged the onus of proving that a continuing detention order was necessary, or whether a supervision order might suffice for community protection.

In affirming the previous decision that the respondent is a serious danger to the community in the absence of a continuing detention order, the court held that the respondent's refusal to participate in psychiatric assessments did not preclude the psychiatrists' assessments from being relied upon. The court found that the respondent's denial of his sexual offences and non-cooperation did not negate the psychiatrists' professional opinions. Furthermore, the court concluded that the respondent's risk could not be adequately managed by a supervision order alone, necessitating the continuation of the detention order.

The court's orders affirm the previous decision that the respondent is a serious danger to the community and that the continuing detention order should remain in place. This decision underscores the importance of psychiatric assessments in evaluating the risk posed by individuals who deny their sexual offences and refuse to cooperate with treatment. The court emphasised that non-cooperation does not preclude reliance on professional psychiatric opinions, ensuring that the community's safety remains paramount.

Orders

Orders of the court

The order of the court is that:

1. Pursuant to s 30(1) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the decision made on 9 June 2015, that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the Act, is affirmed.

2. Pursuant to s 30(3)(a) of the Act, the respondent continue to be subject to the continuing detention order made on 9 June 2015.

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

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Attorney-General (Qld) v S [2018] QSC 89
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (Applicant) v S (Respondent)
FILE NO/S:	BS No 2012 of 2015
DIVISION:	Trial
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	1 May 2018
DELIVERED AT:	Brisbane
HEARING DATE:	30 April 2018
JUDGE:	Lyons SJA
ORDER:	The order of the court is that: 1. Pursuant to s 30(1) of the *Dangerous Prisoners (Sexual Offenders) Act* 2003 (Qld), the decision made on 9 June 2015, that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the Act, is affirmed. 2. Pursuant to s 30(3)(a) of the Act, 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 SEXUAL OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent was detained under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where the applicant applied under section 30 of the Act for the order to be reaffirmed – where the respondent continues to deny his sexual offending – where the respondent refused to participant in psychiatric assessments – where psychiatrists still consider that the respondent needs to complete certain programs – whether the respondent poses a serious danger to the community pursuant to the Act – whether the applicant has discharged the onus to establish that the respondent should continue to be subject to a continuing detention order – whether the community could be adequately protected by a supervision order Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) s 3, s 13, s 16, s 27, s 30 Attorney-General (Qld) v S [2015] QSC 157 Attorney-General (Qld) v S [2017] QSC 32 Kynuna v Attorney General for the State of Queensland [2016] QCA 172
COUNSEL:	Mr J. Rolls for the Applicant Mr J. Cook for the Respondent
SOLICITORS:	Crown Law for the Applicant Russo Lawyers for the Respondent