Attorney-General (Queensland) v Cobbo

In the Supreme Court of Queensland, the Attorney-General sought an affirmation of the existing continuing detention order on the respondent, who is subject to a continuing detention order made pursuant to Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003. The respondent had been deemed a serious danger to the community in the absence of such an order. The court was tasked with determining whether the existing order should be affirmed.

The primary legal issue before the court was whether the existing continuing detention order should be affirmed, given the respondent's status as a serious danger to the community. The court had to consider whether a supervision order would ensure adequate protection of the community, as stipulated in section 13(6) of the Dangerous Prisoners (Sexual Offenders) Act 2003. It was conceded that the respondent was a serious danger to the community in the absence of a Division 3 order, and no argument was presented that a supervision order would adequately protect the community.

The court found that the respondent remained a serious danger to the community, and there was no evidence to suggest that a supervision order would ensure adequate protection. The court affirmed the decision made on 11 July 2014, concluding that the existing continuing detention order should remain in place. The court held that the respondent's risk to the community warranted the continuation of the detention order.

The orders of the court were that the decision made on 11 July 2014, affirming the respondent as a serious danger to the community in the absence of a Division 3 order, be affirmed. Additionally, the respondent was to continue to be subject to the continuing detention order made on that date.