Attorney-General (Qld) v Williams - [2017] QSC 52

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v Williams [2017] QSC 52

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(applicant)

v

ANTON GREG WILLIAMS

(respondent)

FILE NO/S:

SC No 6902 of 2016

DIVISION:

Trial Division

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

11 April 2017

DELIVERED AT:

Brisbane

HEARING DATE:

30 November 2016; 9 December 2016; 14 December 2016; 31 January 2017; 27 March 2017; 11 April 2017

JUDGE:

Burns J

ORDER:

The court, being satisfied to the requisite standard that the respondent, Anton Greg Williams, 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 (Qld), orders that the respondent be released from custody and then, until 11 April 2027, be subject to the conditions set forth in the Schedule to this judgment.

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 can be reasonably and practicably managed by a supervision order – whether the requirements under s 16 of the Act can be reasonably and practicably managed by corrective services officers – where the respondent is a chronic alcoholic with a history of mental illness and a range of cognitive impairments – where the applicant supports a supervision order if suitable accommodation can be arranged – whether suitable accommodation has been arranged – whether the adequate protection of the community can be reasonably and practicably managed by a supervision order incorporating the proposed accommodation

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 9A, s 13

Attorney-General (Qld) v Accoom [2017] QSC 50, cited
Attorney-General (Qld) v Francis [2007] 1 Qd R 396; [2006] QCA 324, followed

COUNSEL:

J Rolls for the applicant

S J Hamlyn-Harris for the respondent

SOLICITORS:

Crown Law for the applicant

Legal Aid Queensland for the respondent

On 6 July 2016, the Honourable Attorney-General filed an application under Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). By that application, she seeks an order that the respondent, Anton Greg Williams, be detained indefinitely for control, care or treatment pursuant to s 13(5)(a). In the alternative, an order is sought that the respondent be released subject to a supervision order pursuant to s 13(5)(b).
On the hearing of the application, it was conceded that the respondent represents a serious danger to the community in the absence of a Division 3 order and is,…

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.

Continue reading Attorney-General (Qld) v Williams

Details

AGLC: Attorney-General (Qld) v Williams [2017] QSC 52
Case: [2017] QSC 52
Decision Date: 11 April 2017

CaseChat Overview and Summary

In the case of Attorney-General (Qld) v Williams, the respondent, Anton Greg Williams, was subject to an application under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) for a continuing detention or supervision order. Williams, an Indigenous man with a history of mental illness, cognitive impairments, and alcohol dependency, was deemed a serious danger to the community without such an order. The court was tasked with determining whether Williams' risk to the community could be managed through a supervision order, particularly in light of his current living arrangements and the conditions proposed in the draft order. The court had to weigh the risk Williams posed against the feasibility of managing that risk through a supervision order, including the practicality of managing his mental health and substance abuse issues under such a regime.

The central legal issue before the court was whether Williams, who had been deemed a serious danger to the community, could be adequately managed under a supervision order instead of a continuing detention order. This required the court to consider the specific terms of the proposed supervision order, including any special conditions or requirements that would need to be met to ensure public safety. The court also had to assess whether corrective services officers could reasonably and practicably manage the requirements set out in the draft order, given Williams' chronic alcoholism, mental health issues, and cognitive impairments.

The court found that, while Williams was indeed a serious danger to the community, the combination of the proposed living arrangements and the strict conditions of the draft order provided a reasonable and practicable means of managing that risk. The court concluded that a supervision order, with its stringent conditions, could sufficiently protect the community. It was satisfied that the adequate protection of the community could be reasonably and practicably managed by a supervision order incorporating the proposed accommodation and conditions. Therefore, the court ordered that Williams be released on supervision for a period of ten years under the specified conditions.

In light of the findings and reasoning, the court ordered that Anton Greg Williams be released from custody and placed under supervision until 11 April 2027, subject to the conditions outlined in the Schedule to the judgment. This order reflects the court's determination that, despite Williams' serious danger to the community, the risk could be managed through a structured supervision regime, provided that certain conditions were strictly adhered to.

Orders

Orders of the court

The court, being satisfied to the requisite standard that the respondent, Anton Greg Williams, 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 (Qld), orders that the respondent be released from custody and then, until 11 April 2027, be subject to the conditions set forth in the Schedule to this judgment.

Background

Background to the litigation

For the reasons that follow, I am satisfied by acceptable, cogent evidence and to the high degree of probability required by s 13(2) of the Act that the respondent represents a serious danger to the community in the absence of an order pursuant to Division 3 of Part 2 of the Act. However, on the basis of the accommodation arrangements now in place as well as the strict conditions otherwise contained in the agreed draft order, I am satisfied that the adequate protection of the community can be reasonably and practicably managed by a supervision order. As such, it will be ordered that the respondent be released on supervision on those conditions for a period of ten years.Background The respondent is an indigenous man, aged 44 years, who was born in Mount Isa and then raised on Mornington Island where he has lived for most of his life when not in custody. It would, however, appear that he is no longer welcome on Mornington Island due to his offending. He is one of three siblings. His father passed away some years ago. His mother is still alive and resides in an aged care facility. The respondent was initially raised by his paternal grandmother, who is now deceased, but was then cared for by a Caucasian family when he was a young child. He returned to his grandmother shortly after and lived with her until he was about 16 years of age. He also lived with his parents for a short period of time. He was schooled to Grade 5 level on Mornington Island. What education he received thereafter is unclear although the material reveals a period in boarding school in Cairns when he was about 16 years of age, most likely after he left the care of his grandmother. He is both illiterate and innumerate. From around the age of 33 years, he lived with a female partner “for a long time” in his sister’s house. That relationship produced a son, who is now 10 years old. They have no contact and his then partner is no longer alive. The respondent believes that his son is in the care of the Mount Isa Department of Community Services. At the time when he was last taken into custody (2013), the respondent was employed at an airport under a Commonwealth employment initiative. The Public Trustee of Queensland reportedly manages his finances.Medical and psychiatric history The respondent is an alcoholic with a well-documented history of mental illness including chronic schizophrenia. Indeed, alcohol intoxication was a common feature accompanying many of the offences on his criminal history and the index offences are no exception. As to his history of mental illness, the respondent is presently on medication for his schizophrenia to control, or at least minimise, his auditory hallucinations. He is compliant with his medication. Otherwise, he is in regular contact with the Prison Mental Health Service. When the respondent was a child, he fell and hit his head. This caused bleeding on his brain that required extensive inpatient treatment. He suffered convulsions during his childhood. He has a range of cognitive impairments; poor memory and comprehension ability, notable immaturity, poor social insight and poor planning abilities. He also has diabetes for which he takes medication.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Attorney-General (Qld) v Williams [2017] QSC 52
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v ANTON GREG WILLIAMS (respondent)
FILE NO/S:	SC No 6902 of 2016
DIVISION:	Trial Division
PROCEEDING:	Originating Application
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	11 April 2017
DELIVERED AT:	Brisbane
HEARING DATE:	30 November 2016; 9 December 2016; 14 December 2016; 31 January 2017; 27 March 2017; 11 April 2017
JUDGE:	Burns J
ORDER:	The court, being satisfied to the requisite standard that the respondent, Anton Greg Williams, 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 (Qld), orders that the respondent be released from custody and then, until 11 April 2027, be subject to the conditions set forth in the Schedule to this judgment.
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 can be reasonably and practicably managed by a supervision order – whether the requirements under s 16 of the Act can be reasonably and practicably managed by corrective services officers – where the respondent is a chronic alcoholic with a history of mental illness and a range of cognitive impairments – where the applicant supports a supervision order if suitable accommodation can be arranged – whether suitable accommodation has been arranged – whether the adequate protection of the community can be reasonably and practicably managed by a supervision order incorporating the proposed accommodation Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 9A, s 13 Attorney-General (Qld) v Accoom [2017] QSC 50, cited Attorney-General (Qld) v Francis [2007] 1 Qd R 396; [2006] QCA 324, followed
COUNSEL:	J Rolls for the applicant S J Hamlyn-Harris for the respondent
SOLICITORS:	Crown Law for the applicant Legal Aid Queensland for the respondent