SUPREME COURT OF QUEENSLAND
CITATION:
Attorney-General (Qld) v Stafford [2019] QSC 238
PARTIES:
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
SCOTT SHAMUS STAFFORD(respondent)
FILE NO/S:
BS No 5194 of 2019
DIVISION:
Trial
PROCEEDING:
Originating application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
18 September 2019
DELIVERED AT:
Brisbane
HEARING DATE:
2 September 2019
JUDGE:
Burns J
ORDER:
Being satisfied to the requisite standard that the respondent, Scott Shamus Stafford, is a serious danger to the community in the absence of an order pursuant to Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003, the court orders that Scott Shamus Stafford be detained in custody for an indefinite term for control, care or treatment.
CATCHWORDS:
CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY– where there is an application pursuant to s 5 of the Dangerous Prisoners (Sexual Offenders) Act 2003 for an order pursuant to Division 3 of Part 2 of that Act – whether the respondent is a serious danger to the community in the absence of a Division 3 order – where the court may order a continuing detention order or a supervision order pursuant to s 13(5) of the Act – whether the adequate protection of the community could be reasonably and practicably managed by a supervision order – whether the requirements under s 16 of the Act could be reasonably and practicably managed by corrective services officers
Dangerous Prisoners (Sexual Offenders) Act2003 (Qld) s 5, s 9A, s 13, s 16, s 27, s 28
Attorney-General (Qld) v Francis [2007] 1 Qd R 396; [2006] QCA 324, followed
Attorney-General (Qld) v Kanaveilomani [2013] QCA 404, cited
Attorney-General (Qld) v Phineasa [2013] 1 Qd R 305; [2012] QCA 184, followed
Attorney-General (Qld) v Sutherland [2006] QSC 268, cited
Fardon v Attorney-General (Qld) (2004) 223 CLR 575; [2004] HCA 46, cited
Kynuna v Attorney-General for the State of Queensland [2016] QCA 172, followed
Turnbull v Attorney-General (Qld) [2015] QCA 54,citedCOUNSEL:
J Tate for the applicant
L Falcongren for the respondent
SOLICITORS:
Crown Solicitor for the applicant
Legal Aid Queensland for the respondent
The applicant Attorney-General for the State of Queensland seeks an order under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) in relation to the respondent, Scott Shamus Stafford. The effect of such an order, if made, would be to detain the respondent in custody for an indefinite term for control, care or treatment[1]or release him from custody subject to a supervision order containing the mandatory statutory requirements and such other conditions as are considered appropriate by the court.[2]
[1]Section 13 (5) (b).
[2]Section 13 (5) (b). The mandatory requirements are set out in s 16.
The parties, through their respective counsel, are at one in the proposition that there is acceptable, cogent evidence supporting…
Keep reading for free
Create a free CaseChat account to read Attorney-General (Qld) v Stafford and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] QSC 238
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether Stafford posed an unacceptable risk to public safety in the absence of a Division 3 order. This involved assessing the severity and nature of his past offenses, the likelihood of reoffending, and the effectiveness of potential management strategies. Furthermore, the court had to consider whether adequate community protection could be achieved through a supervision order and if the requirements of section 16 of the Act could be met by corrective services officers.
The Supreme Court found that Stafford's history of violent sexual offenses, coupled with his high risk of reoffending, made him a serious danger to the community. The court concluded that his risks could not be adequately managed through a supervision order, and that the requirements of section 16 of the Act could not be reasonably or practicably met by corrective services officers. Accordingly, the court ordered that Stafford be detained in custody for an indefinite term for control, care, or treatment.
The final order of the court was that Scott Shamus Stafford be detained in custody indefinitely, as a measure to protect the community from the significant risk he posed. This decision underscores the court's commitment to ensuring public safety by implementing stringent measures against individuals deemed highly dangerous.
Orders
Orders of the court
Being satisfied to the requisite standard that the respondent, Scott Shamus Stafford, is a serious danger to the community in the absence of an order pursuant to Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003, the court orders that Scott Shamus Stafford be detained in custody for an indefinite term for control, care or treatment.
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.