Attorney-General (Qld) v. Yeo - [2007] QSC 274

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v Yeo [2007] QSC 274

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
RAYMOND YEO
(respondent)

FILE NO/S:

BS9323 of 2005

DIVISION:

Trial Division

PROCEEDING:

Application for review

DELIVERED ON:

2 October 2007

DELIVERED AT:

Brisbane

HEARING DATE:

23 August and 13 September 2007

JUDGE:

Mullins J

ORDER:

1. The Court is satisfied to the requisite standard and affirms the decision that Raymond YEO (the respondent) is a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003.

2.          The continuing detention order made on 3 April 2006 is rescinded.

3.          The respondent is subject to the following requirements until 2 October 2017.

The respondent must:

(i)          be under the supervision of an authorised corrective services officer (authorised corrective services officer) for the duration of this order;

(ii)         report to an authorised corrective services officer at the Queensland Corrective Services Probation and Parole office closest to his place of residence within 24 hours of the day of release from custody and at that time advise the officer of the respondent’s current name and address;

(iii)        report to, and receive visits from, an authorised corrective services officer at such times and at such frequency as determined by Queensland Corrective Services;

(iv)        notify and obtain the approval of an authorised corrective services officer for every change of the respondent’s name at least two business days before the change occurs;

(v)        notify an authorised corrective services officer of the nature of his employment, or offers of employment, the hours of work each day, the name of his employer and the address of the premises where he is or will be employed;

(vi)        seek permission and obtain approval from an authorised corrective services officer prior to entering into an employment agreement or engaging in volunteer work or paid or unpaid employment;

(vii)       reside at a place within the State of Queensland as approved by a corrective services officer by way of a suitability assessment;

(viii)      not reside at a place by way of short term accommodation including overnight stays without the permission of an authorised corrective services officer;

(ix)        seek permission and obtain the approval of an authorised corrective services officer prior to any change of residence;

(x)        not leave or stay out of Queensland without the written permission of an authorised corrective services officer;

(xi)        not commit an offence of a sexual nature during the period of this order;

(xii)       not commit an indictable offence during the period of this order;

(xiii)      comply with every reasonable direction of a corrective services officer;

(xiv)      respond truthfully to enquiries by a corrective services officer about his whereabouts or movements;

(xv)       not have any direct or indirect contact with a victim of his sexual offences;

(xvi)      notify an authorised corrective services officer of the make, model, colour and registration number of any vehicle owned by or generally driven by him, whether hired or otherwise obtained…

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. Yeo

Details

AGLC: Attorney-General (Qld) v Yeo [2007] QSC 274
Case: [2007] QSC 274
Decision Date: 2 October 2007

CaseChat Overview and Summary

The case of Attorney-General (Qld) v. Yeo involved Raymond Yeo, who had previously served a term of imprisonment for sexual offences involving children. Following his release, he was placed under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003. The Attorney-General applied for a review of this order, arguing that Yeo remained a serious danger to the community and that a supervision order was inadequate to protect the community. The court was required to determine whether a supervision order could sufficiently ensure the community's protection or if a continuing detention order was necessary.

The court assessed the nature and seriousness of Yeo's past offences, his risk of reoffending, and the effectiveness of supervision measures. It concluded that while a supervision order could be implemented with stringent conditions, it was ultimately insufficient to adequately protect the community. The court emphasised that Yeo's history of sexual offences involving children posed a significant risk and that his potential for reoffending warranted stringent ongoing supervision. Therefore, the court rescinded the continuing detention order and replaced it with a supervision order, accompanied by detailed and stringent requirements to ensure community safety.

The court's decision was grounded in the need to balance Yeo's rights with the imperative to protect the community from the risk of serious reoffending. The stringent conditions attached to the supervision order were intended to mitigate this risk effectively. The court was satisfied that these conditions would provide the necessary oversight and restrictions to manage Yeo's behaviour and minimise the risk of reoffending.

The final orders of the court affirmed that Yeo remained a serious danger to the community without an order under Division 3 of the Act. The continuing detention order was rescinded, and a supervision order was put in place, imposing specific and rigorous requirements on Yeo for a period of ten years. These requirements included regular reporting to and supervision by an authorised corrective services officer, restrictions on employment, residence, and contact with children or vulnerable persons, and compliance with regular assessments and treatment programs.

Orders

Orders of the court

1. The Court is satisfied to the requisite standard and affirms the decision that Raymond YEO (the respondent) is a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003.

2. The continuing detention order made on 3 April 2006 is rescinded.

3. The respondent is subject to the following requirements until 2 October 2017.

The respondent must:

(i) be under the supervision of an authorised corrective services officer (authorised corrective services officer) for the duration of this order;

(ii) report to an authorised corrective services officer at the Queensland Corrective Services Probation and Parole office closest to his place of residence within 24 hours of the day of release from custody and at that time advise the officer of the respondent’s current name and address;

(iii) report to, and receive visits from, an authorised corrective services officer at such times and at such frequency as determined by Queensland Corrective Services;

(iv) notify and obtain the approval of an authorised corrective services officer for every change of the respondent’s name at least two business days before the change occurs;

(v) notify an authorised corrective services officer of the nature of his employment, or offers of employment, the hours of work each day, the name of his employer and the address of the premises where he is or will be employed;

(vi) seek permission and obtain approval from an authorised corrective services officer prior to entering into an employment agreement or engaging in volunteer work or paid or unpaid employment;

(vii) reside at a place within the State of Queensland as approved by a corrective services officer by way of a suitability assessment;

(viii) not reside at a place by way of short term accommodation including overnight stays without the permission of an authorised corrective services officer;

(ix) seek permission and obtain the approval of an authorised corrective services officer prior to any change of residence;

(x) not leave or stay out of Queensland without the written permission of an authorised corrective services officer;

(xi) not commit an offence of a sexual nature during the period of this order;

(xii) not commit an indictable offence during the period of this order;

(xiii) comply with every reasonable direction of a corrective services officer;

(xiv) respond truthfully to enquiries by a corrective services officer about his whereabouts or movements;

(xv) not have any direct or indirect contact with a victim of his sexual offences;

(xvi) notify an authorised corrective services officer of the make, model, colour and registration number of any vehicle owned by or generally driven by him, whether hired or otherwise obtained for his use;

(xvii) attend upon and submit to assessment and/or treatment by a psychiatrist, psychologist, social worker, counsellor or other mental health professional as directed by an authorised corrective services officer at a frequency and duration which shall be recommended by the treating professional, the expense of which is to be met by Queensland Corrective Services;

(xviii) agree to undergo medical testing or treatment (including the testing of testosterone levels by an endocrinologist) as deemed necessary by the treating psychiatrist or an authorised corrective services officer, and permit the release of the results and details of the testing to Queensland Corrective Services, if such a request is made for the purpose of amending the supervision order or for ensuring compliance with this order, the expense of which is to be met by Queensland Corrective Services;

(xix) permit any medical, psychiatric, psychological or other mental health practitioner to disclose details of treatment, intervention and opinions relevant to the respondent’s level of risk of reoffending and compliance with this order to Queensland Corrective Services, if such a request is made for the purpose of amending the supervision order and/or ensuring compliance with this order;

(xx) attend and participate fully in any program or course conducted by a psychologist, counsellor or other professional, in a group or individual capacity, as directed by an authorised corrective services officer in consultation with any treating medical, psychiatric, psychological or other mental health practitioner where appropriate, with any expense of such program to be met by Queensland Corrective Services;

(xxi) submit to and discuss with an authorised corrective services officer a schedule of his planned and proposed activities on a weekly basis or at such other interval as directed by an authorised corrective services officer, which must if required by the authorised corrective services officer disclose the identity of any person who will accompany the respondent during any of those activities and the extent to which that person has been advised by the respondent of the nature of his sexual offences;

(xxii) not undertake any trip, visit or other activity away from his approved place of residence without the prior written approval of an authorised corrective services officer, unless an authorised corrective services officer dispenses with this requirement;

(xxiii) report to an authorised corrective services officer on a weekly basis or at such other interval as directed by an authorised corrective services officer on the trips, visits and other activities that the respondent has undertaken since last reporting to an authorised corrective services officer and the identity of any persons in whose company the respondent undertook such trips, visits or activities, unless an authorised corrective services officer dispenses with this requirement;

(xxiv) not initiate or maintain any supervised or unsupervised contact with any child under 16 years of age or with any physically or intellectually impaired person (other than a sibling of the respondent), except with the prior written approval of an authorised corrective services officer. The respondent is required to disclose the terms of this order and details of his convictions for sexual offences to the guardians and caregivers of the child or impaired person before any such contact can take place; provided that Queensland Corrective Services may disclose that the respondent is subject to this supervision order and the terms of this order to guardians or caregivers of the child or impaired person and external agencies (eg. Department of Child Safety) in the interests of ensuring the safety of the child or impaired person;

(xxv) not join, affiliate with, attend on the premises of or attend at the activities carried on by any club or organisation in respect of which there are reasonable grounds for believing there is either child membership or child participation without the prior written permission of an authorised corrective services officer;

(xxvi) not visit or attend at a caravan park without the prior written permission of an authorised corrective services officer;

(xxvii) not visit a public park without the prior written permission from an authorised corrective services officer;

(xxviii) comply with every reasonable curfew direction or monitoring direction of a corrective services officer;

(xxix) not access pornographic images whether on the internet or otherwise;

(xxx) abstain from the consumption of alcohol without the prior written permission of an authorised corrective services officer;

(xxxi) submit to alcohol testing including breath testing as directed by an authorised corrective services officer, the expense of which is to be met by Queensland Corrective Services.

Background

Background to the litigation

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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 Yeo [2007] QSC 274
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v RAYMOND YEO (respondent)
FILE NO/S:	BS9323 of 2005
DIVISION:	Trial Division
PROCEEDING:	Application for review
DELIVERED ON:	2 October 2007
DELIVERED AT:	Brisbane
HEARING DATE:	23 August and 13 September 2007
JUDGE:	Mullins J
ORDER:	1. The Court is satisfied to the requisite standard and affirms the decision that Raymond YEO (the respondent) is a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003. 2. The continuing detention order made on 3 April 2006 is rescinded. 3. The respondent is subject to the following requirements until 2 October 2017. The respondent must: (i) be under the supervision of an authorised corrective services officer (authorised corrective services officer) for the duration of this order; (ii) report to an authorised corrective services officer at the Queensland Corrective Services Probation and Parole office closest to his place of residence within 24 hours of the day of release from custody and at that time advise the officer of the respondent’s current name and address; (iii) report to, and receive visits from, an authorised corrective services officer at such times and at such frequency as determined by Queensland Corrective Services; (iv) notify and obtain the approval of an authorised corrective services officer for every change of the respondent’s name at least two business days before the change occurs; (v) notify an authorised corrective services officer of the nature of his employment, or offers of employment, the hours of work each day, the name of his employer and the address of the premises where he is or will be employed; (vi) seek permission and obtain approval from an authorised corrective services officer prior to entering into an employment agreement or engaging in volunteer work or paid or unpaid employment; (vii) reside at a place within the State of Queensland as approved by a corrective services officer by way of a suitability assessment; (viii) not reside at a place by way of short term accommodation including overnight stays without the permission of an authorised corrective services officer; (ix) seek permission and obtain the approval of an authorised corrective services officer prior to any change of residence; (x) not leave or stay out of Queensland without the written permission of an authorised corrective services officer; (xi) not commit an offence of a sexual nature during the period of this order; (xii) not commit an indictable offence during the period of this order; (xiii) comply with every reasonable direction of a corrective services officer; (xiv) respond truthfully to enquiries by a corrective services officer about his whereabouts or movements; (xv) not have any direct or indirect contact with a victim of his sexual offences; (xvi) notify an authorised corrective services officer of the make, model, colour and registration number of any vehicle owned by or generally driven by him, whether hired or otherwise obtained…