Attorney-General (Qld) v Turnbull

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v Turnbull [2014] QSC 86

PARTIES:

ATTORNEY GENERAL FOR THE STATE OF QUEENSLAND

(Applicant)

v

GARY UNE TURNBULL

(Respondent)

FILE NO/S:

SC No 3675 of 2014

DIVISION:

Trial

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

29 April 2014

DELIVERED AT:

Brisbane

HEARING DATE:

29 April 2014

JUDGE:

Atkinson J

ORDERS:

1.          The application for a Division 3 order be set for hearing on 10 June 2014.

2.   Pursuant to section 8(2)(a) of the DPSOA the respondent undergo examination by two psychiatrists being Professor Barry Nurcombe and Dr Donald Grant who are to prepare independent reports which are to be prepared in accordance with section 11 of the DPSOA.

3.    

a) The applicant file and serve any further affidavit material and a precise list of what parts of the affidavits and exhibits already filed on which he intends to rely at the final hearing by 20 May 2014.

b) The applicant’s affidavit material must contain evidence as to the content, utility and availability of courses including sex offender treatment programs which could be undertaken by the respondent while subject to a supervision order.

4.   The parties must in all other respects comply with Practice Direction 6 of 2012 unless excused by a Judge.

5.   Liberty to apply is granted.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – GENERALLY – where the respondent committed a series of predatory sexual offences against adult women – where the respondent has not yet been given the opportunity to complete the sex offenders program – whether there are reasonable grounds for believing that the respondent is a serious danger to the community in the absence of a division 3 order – whether the court should make an order for the examination of the respondent by two independent psychiatrists

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – where the applicant failed to comply with Practice Direction 6 of 2012

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld),

s 8(2)(a), s 13

R v Turnbull [2013] QCA 154

R v Turnbull [2013] QCA 374

COUNSEL:

M Maloney for the applicant

A Nelson for the respondent

SOLICITORS:

Crown Law for the applicant

Alexander Law for the respondent

HER HONOUR:   The applicant, the Attorney-General for the State of Queensland, has filed an originating application seeking orders that:

1. pursuant to section 8(2)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA), the respondent undergo examination by two psychiatrists named by the Court, who are to prepare independent reports in accordance with section 11 of the DPSOA;
2. pursuant to section 13(5)(a) of the DPSOA, the respondent be detained in custody for an indefinite term for care, control or treatment; and
3. in the alternative, that, pursuant to section 13(5)(b) of the DPSOA, the respondent be released from custody, subject to such conditions as the Court considers appropriate and that are stated in…