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 30Attorney-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…
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- AGLC
- Attorney-General (Qld) v S [2018] QSC 89
- Case
- [2018] QSC 89
- Decision Date
CaseChat Overview and Summary
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
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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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