Attorney-General v DGK

Case [2011] QSC 73

SUPREME COURT OF QUEENSLAND

CITATION:

A-G (Qld) v DGK [2011] QSC 73

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)

v

DGK
(respondent)

FILE NO/S:

BS 3832 of 2010

DIVISION:

Trial Division

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

6 April 2011

DELIVERED AT:

Brisbane

HEARING DATE:

4 April 2011

JUDGE:

McMurdo J

ORDER:

It will be ordered that the respondent be subject as to the following requirements until 6 April 2016.The respondent must: 

       i.     report to an authorised Corrective Services officer at the Queensland Corrective Services Probation and Parole Office closest to his place of residence between 9am and 4pm on the day of release from custody and at that time advise the officer of his current name and address;

      ii.     report to, and receive visits from, a Corrective Services officer as determined by Queensland Corrective Services;

     iii.     notify a Corrective Services officer of every change of his name, place of residence or employment at least two business days before the change happens;

     iv.     be under the supervision of a Corrective Services officer for the duration of the Order;

      v.     comply with a curfew direction or monitoring direction;

vi. comply with any reasonable direction under section 16B of the Act given to him;

    vii.     comply with every reasonable direction of a Corrective Services officer that is not directly inconsistent with a requirement of the Order;

   viii.     not leave or stay out of Queensland without the permission of a Corrective Services officer;

     ix.     not commit an offence of a sexual nature during the period of the Order;

      x.     not commit an indictable offence during the period of the Order;

     xi.     reside at a place within the State of Queensland as approved by an authorised Corrective Services officer by way of a suitability assessment and obtain written approval prior to any change of residence;

    xii.     if this accommodation is of a temporary or contingency nature, comply with any regulations or rules in place at this accommodation and demonstrate reasonable efforts to secure alternative, viable long term accommodation to be assessed for suitability by Queensland Corrective Services;

   xiii.     respond truthfully to enquiries by an authorised Corrective Services officer about his activities, whereabouts and movements generally;

   xiv.     not have any direct or indirect contact with a victim of his sexual offences;

    xv.     disclose to an authorised Corrective Services officer upon request the name of each person with whom he associates and respond truthfully to requests for information from an authorised Corrective Services officer about the nature of the association, address of the associate if known, the activities undertaken and whether the associate has knowledge of his prior offending behaviour;

   xvi.     notify an authorised Corrective Services officer of the make, model, colour and registration number of any vehicle owned by or usually driven by him, whether hired or otherwise obtained for his use;

    xvii.     abstain from the consumption of alcohol;

  xviii.     abstain from the consumption of illicit drugs;

   xix.     submit to any form of drug and alcohol testing including both…

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Details
AGLC
Attorney-General v DGK [2011] QSC 73
Case
[2011] QSC 73
Decision Date

CaseChat Overview and Summary

The case of Attorney-General v DGK involved the application by the Attorney-General for a supervision order against the respondent under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The respondent had been convicted of multiple sexual offences and had completed various rehabilitation programs while in custody. The Attorney-General sought a supervision order considering the respondent's history of substance abuse, his diagnosis of anti-social personality disorder, and the need to assess the risk he posed to the community. The court had to determine if the respondent was a serious danger to the community and, if so, what requirements should be included in the supervision order, including the period of operation for such an order.

The primary legal issues for the court to resolve were whether the respondent posed a serious danger to the community, what specific requirements should be imposed under the supervision order, and the appropriate duration for the supervision order. The court considered the respondent's criminal history, the nature of the offences, and the effectiveness of the rehabilitation programs completed by the respondent while in custody. It also examined the respondent's diagnosis and history of substance abuse to assess the likelihood of reoffending and the need for stringent supervision and treatment conditions.

In reaching its decision, the court evaluated the evidence presented by the Attorney-General and the respondent's submissions. It concluded that the respondent did indeed pose a serious danger to the community due to his history of sexual offences, substance abuse, and anti-social personality disorder. Consequently, the court imposed detailed supervision requirements, including regular reporting to Corrective Services officers, restrictions on movement and contact, and mandatory participation in treatment programs. The supervision order was set to remain in effect until 6 April 2016, providing sufficient time for ongoing monitoring and reassessment of the respondent’s risk level.

The court's final order mandated a comprehensive supervision regime for the respondent, detailing specific requirements such as regular reporting to Corrective Services officers, restrictions on movement, contact with victims, and substance use, and mandatory participation in treatment and risk management programs. This extensive order aimed to mitigate the risk of reoffending and ensure community safety.

Orders

Orders of the court

It will be ordered that the respondent be subject as to the following requirements until 6 April 2016.The respondent must:

i. report to an authorised Corrective Services officer at the Queensland Corrective Services Probation and Parole Office closest to his place of residence between 9am and 4pm on the day of release from custody and at that time advise the officer of his current name and address;

ii. report to, and receive visits from, a Corrective Services officer as determined by Queensland Corrective Services;

iii. notify a Corrective Services officer of every change of his name, place of residence or employment at least two business days before the change happens;

iv. be under the supervision of a Corrective Services officer for the duration of the Order;

v. comply with a curfew direction or monitoring direction;

vi. comply with any reasonable direction under section 16B of the Act given to him;

vii. comply with every reasonable direction of a Corrective Services officer that is not directly inconsistent with a requirement of the Order;

viii. not leave or stay out of Queensland without the permission of a Corrective Services officer;

ix. not commit an offence of a sexual nature during the period of the Order;

x. not commit an indictable offence during the period of the Order;

xi. reside at a place within the State of Queensland as approved by an authorised Corrective Services officer by way of a suitability assessment and obtain written approval prior to any change of residence;

xii. if this accommodation is of a temporary or contingency nature, comply with any regulations or rules in place at this accommodation and demonstrate reasonable efforts to secure alternative, viable long term accommodation to be assessed for suitability by Queensland Corrective Services;

xiii. respond truthfully to enquiries by an authorised Corrective Services officer about his activities, whereabouts and movements generally;

xiv. not have any direct or indirect contact with a victim of his sexual offences;

xv. disclose to an authorised Corrective Services officer upon request the name of each person with whom he associates and respond truthfully to requests for information from an authorised Corrective Services officer about the nature of the association, address of the associate if known, the activities undertaken and whether the associate has knowledge of his prior offending behaviour;

xvi. notify an authorised Corrective Services officer of the make, model, colour and registration number of any vehicle owned by or usually driven by him, whether hired or otherwise obtained for his use;

xvii. abstain from the consumption of alcohol;

xviii. abstain from the consumption of illicit drugs;

xix. submit to any form of drug and alcohol testing including both random urinalysis and breath testing as directed by an authorised Corrective Services officer;

xx. disclose to an authorised Corrective Services officer all prescription and over the counter medication that he obtains and if he takes prescribed drugs, he shall take them only as directed by a medical practitioner;

xxi. not visit premises licensed to supply or serve alcohol, without the prior written permission of an authorised Corrective Services officer;

xxii. abstain from using any intoxicating inhalants including, but not limited to, petrol, glue, paint or solvents for the duration of this Order;

xxiii. attend upon and submit to assessment, treatment, and/or medical testing 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 intervention specialist;

xxiv. permit any medical, psychiatrist, psychologist, social worker, counsellor or other mental health professional to disclose details of treatment, intervention and opinions relating to level of risk of re-offending and compliance with this order to Queensland Corrective Services if such a request is made for the purposes of updating or amending the supervision order and/or ensuring compliance with this Order;

xxv. attend any program, course, psychologist, social worker or counsellor, in a group or individual capacity, as directed by an authorised Corrective Services officer in consultation with treating medical, psychiatric, psychological or other mental health practitioners where appropriate;

xxvi. develop a risk management plan in consultation with a treating psychologist or psychiatrist and discuss it as directed with an authorised Corrective Services officer;

xxvii. not establish or maintain any unsupervised contact with a child under age of 16 years except with prior written approval of an authorised Corrective Services officer, other than in the case of the respondent’s own child if agreed between the respondent and the mother of the child or approved by the order of a court under the Family Law Act 1975. The respondent is required to fully disclose the terms of the order and nature of offences to the guardians and caregivers of the children before any such unsupervised contact can take place;

xxviii. seek written permission from an authorised Corrective Services officer prior to joining, affiliating with or attending on the premises of any club, organisation or group where it is reasonably suspected that there is child membership or participation;

xxix. advise an authorised Corrective Services officer of any telephone number regularly used by him.

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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