Attorney-General (Qld) v Stafford - [2019] QSC 238

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,cited

COUNSEL:

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…

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.

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Details

Case: [2019] QSC 238
Decision Date: 18 September 2019

CaseChat Overview and Summary

The case of Attorney-General (Qld) v Stafford was heard in the Supreme Court of Queensland. The Attorney-General sought an order under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003, deeming Scott Shamus Stafford to be a dangerous sexual offender. The central dispute revolved around whether Stafford constituted a serious danger to the community, necessitating an indefinite detention order under the Act, or if his risks could be sufficiently managed through a supervision order.

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.

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,cited
COUNSEL:	J Tate for the applicant L Falcongren for the respondent
SOLICITORS:	Crown Solicitor for the applicant Legal Aid Queensland for the respondent