Attorney-General (Qld) v Thompson

In the case of Attorney-General (Qld) v Thompson, the respondent, Paul Thompson, faced a hearing under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) to determine whether he qualified for an order under Division 3 of Part 2 of the Act. The court had to decide if Thompson was a serious danger to the community in the absence of such an order and whether his adequate protection could be managed by a supervision order. The court's decision hinged on the nature of Thompson's severe personality disorder, his history of sexual offending against underage males, and his high unmodified risk of reoffending if released from custody.

Thompson's psychiatric profile was marked by histrionic, narcissistic, antisocial, and possibly dependent traits, compounded by a mixed sexual paraphilia manifesting in exhibitionism and paedophilia. His criminal history was extensive, including a rapid reoffending pattern post-release. The court heard from three psychiatrists who unanimously assessed his risk of reoffending as high, with a poor prognosis. The court considered Thompson's struggle to live independently and his potential to commit further serious sexual offences upon release, driven by impulsivity and unpredictability.

The court found Thompson to be a serious danger to the community in the absence of a Division 3 order, noting his lack of insight into the impact of his actions and the potential for serious psychological harm to his victims. Given this, the court determined that adequate community protection could not be reasonably and practicably managed by a supervision order. Instead, it concluded that the only feasible way to ensure community protection was through a continuing detention order. Therefore, the court ordered Thompson to be detained indefinitely for care, control, and treatment, with directions to relevant medical treatment providers to aid in his treatment.