Attorney-General (Qld) v S

The case involves the Attorney-General of Queensland as the appellant and S, the respondent, who was convicted of multiple violent and sexual offences. S was declared a serious violent offender and sentenced to several terms of imprisonment amounting to 16 years, which was to expire on 10 June 2015. S was diagnosed with antisocial personality disorder, polypharmacy abuse and alcohol abuse/dependence, reaching the criteria for psychopathic personality disorder and possibly meeting the criteria for sexual sadism. The court had to decide whether S should be released under supervision or be subject to a continuing detention order under s 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld).

The central issue was whether S posed a serious danger to the community such that only a continuing detention order would provide adequate protection. The court had to consider the risk which had content not only from findings of fact about S, but from what constituted real possibilities. The psychiatrists opined that S was a high risk of reoffending if released under a supervision order. S denied his sexual offending and did not engage in necessary treatment programs while in prison. The court found that the Attorney-General had discharged the relevant burden of proving that only a continuing detention order would provide adequate protection to the community.

The court considered the evidence from three psychiatrists, Dr Sundin, Dr Grant and Dr Beech. Dr Sundin opined that S represented a substantial risk of both sexual and violent offending and needed to participate in several treatment programs. Dr Sundin also highlighted S's longstanding issues in relation to poor anger controls and sexually deviant attitudes towards women. Dr Beech found that the proposed conditions of a supervision order would be difficult to perform. The court concluded that S's offending behaviour, his antisocial personality, the possibility of sadism or paedophilia, his denial of his sexual offending and the fact that he had not engaged in necessary treatment programs presented an unacceptable risk that he would commit a serious sexual offence if released without a division 3 order.

The court ordered that S be detained in custody for an indefinite term for control, care or treatment under s 13(5)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The court found that a continuing detention order was necessary to provide adequate protection to the community.