SUPREME COURT OF QUEENSLAND
CITATION:
Attorney-General (Qld) v Yeatman [2019] QSC 230
PARTIES:
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
TRENT THOMAS YEATMAN(respondent)
FILE NO/S:
No 187 of 2014
DIVISION:
Trial Division
PROCEEDING:
Application
DELIVERED ON:
13 September 2019
DELIVERED AT:
Brisbane
HEARING DATE:
13 September 2019
JUDGE:
Davis J
ORDER:
THE COURT being satisfied to the requisite standard that the respondent, Trent Thomas Yeatman, has contravened a requirement of the supervision order made by Justice Philippides on 30 June 2014, ORDERS THAT:
1. The respondent, Trent Thomas Yeatman, be released from custody and continue to be subject to the supervision order made by Justice Philippides on 30 June 2014.
CATCHWORDS:
CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where a supervision order was made with respect to the respondent under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where it was alleged that the respondent had contravened a requirement of the supervision order – where a warrant was issued for the arrest of the respondent pursuant to the Act and the respondent was detained in custody – where the applicant sought orders with respect to the respondent under s 22 of the Act – where the contravention was admitted by the respondent – where the applicant had not committed any further serious sexual offences – whether the adequate protection of the community could, despite the contravention of the order, be ensured by the existing supervision order
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) s 3, s 5, s 13, s 22
Attorney-General v Francis [2007] 1 Qd R 396, cited
Attorney-General v Lawrence [2010] 1 Qd R 505, cited
Attorney-General for the State of Queensland v Ellis [2012] QCA 182, cited
Attorney-General (Qld) v Fardon [2013] QCA 64, cited
Attorney-General (Qld) v Yeo [2008] QCA 115, cited
Fardon v Attorney-General (Qld) (2004) 223 CLR 575, cited
Kynuna v Attorney-General (Qld) [2016] QCA 172, cited
LAB vAttorney-General [2011] QCA 230, cited
COUNSEL:
B Mumford for the applicant
K Bichel for the respondentSOLICITORS:
G R Cooper, Crown Solicitor for the applicant
Legal Aid Queensland for the respondent
The Attorney-General sought orders under s 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act) consequent upon a breach by the respondent of a supervision order made by Philippides J on 30 June 2014 (the supervision order).
Statutory context
The Act provides for the continued detention or supervised release of “a particular class of prisoner”.[1] The objects of the Act are twofold, namely the protection of the community and the control, care and treatment of certain prisoners to facilitate their rehabilitation.[2] The prisoners the subject of the Act are those serving a term of imprisonment for a “serious sexual offence”[3] which is “an offence of…
Keep reading for free
Create a free CaseChat account to read Attorney-General (Qld) v Yeatman and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] QSC 230
- Decision Date
CaseChat Overview and Summary
The court considered the psychiatric evidence provided by Dr Scott Harden and Dr Andrew Aboud, who diagnosed Yeatman with Antisocial Personality Disorder, psychopathic personality features, and substance abuse in remission. Both doctors agreed that Yeatman did not exhibit signs of a paraphilic drive such as sexual sadism or paedophilia, and his violent sexual offences against underage victims were attributed to his emotional immaturity at the time. Dr Harden assessed Yeatman's future risk of sexual reoffence as moderate to high, but noted that the supervision order, along with monitoring and abstinence from substances, could reduce this risk to moderate/average. The court also considered the CCTV footage of the alleged contravention, which showed Yeatman assaulting his partner at a shopping centre.
The court determined that, despite the contravention, the adequate protection of the community could still be ensured by the existing supervision order. The court found that Yeatman's risk of reoffending could be managed effectively through the supervision order, and there had been no further serious sexual offences committed by him. The court also noted that Yeatman had shown some improvement in his behaviour and compliance with the order since the contravention.
The court ordered that Yeatman be released from custody and continue to be subject to the supervision order made by Justice Philippides on 30 June 2014. The court also directed that Yeatman be subject to additional conditions, including regular reporting to his supervising officer, refraining from contact with his former partner, and abstaining from alcohol and other drugs. The court emphasised the importance of Yeatman's compliance with the supervision order and the need for ongoing monitoring and support to ensure the protection of the community.
Orders
Orders of the court
THE COURT being satisfied to the requisite standard that the respondent, Trent Thomas Yeatman, has contravened a requirement of the supervision order made by Justice Philippides on 30 June 2014, ORDERS THAT:
1. The respondent, Trent Thomas Yeatman, be released from custody and continue to be subject to the supervision order made by Justice Philippides on 30 June 2014.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.