Attorney-General (Qld) v Watkins

In the case of Attorney-General (Qld) v Watkins, the respondent, who has a history of serious sexual offences, had been subject to an indefinite detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The Attorney-General applied for a review of this order, seeking to determine whether the respondent posed a serious danger to the community in the absence of such an order and whether the community could be adequately protected by a supervision order that would see the respondent released into the community. The key issue for the court was to assess the risk of the respondent committing further serious sexual offences under a supervision order.

The court considered expert opinions from Dr McVie and Dr Beech, both of whom expressed concerns about the respondent's risk level under a supervision order, although they assessed the risk as moderate to low and at least below moderate, respectively. The court accepted these assessments but highlighted the potential for severe consequences if the risk eventuated, particularly the possibility of a severe sexual assault on a child. Emma Wildermoth from QCS provided evidence of the respondent's ongoing unstable behaviour and numerous incidents of self-harm, aggression, and threats, which underscored the difficulties in managing his behaviour outside a secure environment.

In light of the ongoing risk and the potential for severe harm, the court affirmed the earlier determination that the respondent remained a serious danger to the community in the absence of a continuing detention order. Consequently, the court ordered that the respondent continue to be subject to the indefinite detention order. This decision was based on the substantial risk posed by the respondent and the inability to manage this risk effectively through a supervision order.