Attorney-General (Qld) v Zba - [2021] QSC 313

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General (Qld) v ZBA [2021] QSC 313

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)

v

ZBA
(respondent)

FILE NO/S:

BS 10345 of 2019

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

26 November 2021

DELIVERED AT:

Brisbane

HEARING DATE:

22 November 2021

JUDGE:

Brown J

ORDERS:

The order of the Court is that:

1. The decision that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) be affirmed

2. The respondent, ZBA, continue to be subject to the Continuing Detention Order.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OF DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent was detained in custody for an indefinite term for control, care and treatment – where the applicant applies for a continuation of the order – whether the adequate protection of the community can be reasonably and practically managed by a supervision order

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) ss 13, 30

Attorney-General (Qld) v Cobbo [2018] QSC 131, cited

Attorney-General (Qld) v Francis [2007] 1 Qd R 396, cited Attorney-General (Qld) v Kennedy [2016] QSC 287, cited

Attorney-General (Qld) v S [2015] QSC 157, cited

Attorney-General (Qld) v Sutherland [2006] QSC 268, cited

Attorney-General (Qld) v ZBA [2020] QSC 4, cited

Fardonv Attorney-General (Qld) (2004) 223 CLR 575, cited

Turnbull v Attorney-General(Qld) [2015] QCA 54, cited

COUNSEL:

J Tate for the applicant

S Robb for the respondent

SOLICITORS:

Crown Law for the applicant

Legal Aid Queensland for the respondent

By an order dated 31 January 2020, Davis J ordered that the respondent be detained in custody for an indefinite term for control, care and treatment.[1] At the first annual review, the Attorney-General for the State of Queensland (the applicant) applies for a continuation of that order.
[1]CFI 28.

The relevant circumstances surrounding the respondent’s offending and the sentences imposed upon him are set out in the reasons of Davis J, which I adopt and which I will not repeat.[2] His previous offending involved a 17 year old male and, in respect of the index offence, a four year old girl.[3]
[2]Attorney-General (Qld) v ZBA [2020] QSC 4 at [3]-[8].
[3]Attorney-General (Qld) v ZBA [2020] QSC 4 at [5]-[6].

There is no contest that the evidence relied upon on by the applicant supports a finding that the respondent is a serious danger to the community in the absence of a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act). The real contest is whether the adequate protection of the community can be reasonably and practicably managed by a supervision order.

Proceeding in which Division 3 Order made

As to the Court affirming the previous order that the respondent is a serious…

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.

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Details

Case: [2021] QSC 313
Decision Date: 26 November 2021

CaseChat Overview and Summary

The case of Attorney-General (Qld) v Zba involved a detention order for an indefinite term for control, care, and treatment of the respondent, Zba, under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The Attorney-General of Queensland applied for a continuation of the order, seeking to maintain the respondent's detention on the grounds that he posed a serious danger to the community. The court was tasked with determining whether the adequate protection of the community could be reasonably and practically managed through a supervision order.

The primary legal issue before the court was whether the continuation of the indefinite detention order for the respondent was necessary to ensure the protection of the community, given that the alternative of a supervision order might be insufficient. The court had to balance the need for public safety against the respondent's rights and the potential for rehabilitation. The decision hinged on assessing the likelihood of the respondent reoffending and the effectiveness of different measures in preventing such an occurrence.

In its judgment, the court concluded that the respondent remained a serious danger to the community, affirming the decision that the respondent is a serious danger to the community in the absence of the detention order. The court found that a supervision order would not provide adequate protection to the community and that the indefinite detention order was necessary to manage the risk posed by the respondent. Consequently, the court affirmed the continuing detention order, ensuring that the respondent, Zba, remains subject to the Continuing Detention Order.

The court's final orders affirmed the decision that the respondent is a serious danger to the community in the absence of the detention order and confirmed the continuation of the order. The court determined that the respondent, Zba, should continue to be subject to the Continuing Detention Order, thereby maintaining the measures in place to protect the community.

Orders

Orders of the court

The order of the Court is that:

1. The decision that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) be affirmed

2. The respondent, ZBA, continue to be subject to the Continuing Detention Order.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Attorney-General (Qld) v ZBA [2021] QSC 313
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v ZBA (respondent)
FILE NO/S:	BS 10345 of 2019
DIVISION:	Trial Division
PROCEEDING:	Application
DELIVERED ON:	26 November 2021
DELIVERED AT:	Brisbane
HEARING DATE:	22 November 2021
JUDGE:	Brown J
ORDERS:	The order of the Court is that: 1. The decision that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3, Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) be affirmed 2. The respondent, ZBA, continue to be subject to the Continuing Detention Order.
CATCHWORDS:	CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OF DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent was detained in custody for an indefinite term for control, care and treatment – where the applicant applies for a continuation of the order – whether the adequate protection of the community can be reasonably and practically managed by a supervision order Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) ss 13, 30 Attorney-General (Qld) v Cobbo [2018] QSC 131, cited Attorney-General (Qld) v Francis [2007] 1 Qd R 396, cited Attorney-General (Qld) v Kennedy [2016] QSC 287, cited Attorney-General (Qld) v S [2015] QSC 157, cited Attorney-General (Qld) v Sutherland [2006] QSC 268, cited Attorney-General (Qld) v ZBA [2020] QSC 4, cited Fardonv Attorney-General (Qld) (2004) 223 CLR 575, cited Turnbull v Attorney-General(Qld) [2015] QCA 54, cited
COUNSEL:	J Tate for the applicant S Robb for the respondent
SOLICITORS:	Crown Law for the applicant Legal Aid Queensland for the respondent