Attorney-General v Fardon

In the Supreme Court of Queensland, the Attorney-General sought an order for the indefinite detention of Robert John Fardon under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). Fardon had been convicted of rape and sodomy and was classified as a serious sexual offender. His original sentence had expired, but the Attorney-General applied for his continued detention under the Act, arguing that Fardon posed a serious danger to the community. The central legal issues before the Court were whether the Attorney-General had established that Fardon was a serious danger to the community and if so, whether this was proven to a high degree of probability. Additionally, the Court needed to consider what material was relevant and admissible in determining whether Fardon posed an unacceptable risk of committing serious sexual offences.

The Court examined the evidence presented and the statutory framework governing the Act. It held that the burden of proof lay with the Attorney-General to demonstrate that Fardon posed a serious danger to the community to a high degree of probability. The Court considered various pieces of evidence, including Fardon's criminal history, expert psychiatric assessments, and other relevant material. The Court found that the cumulative evidence provided a clear and convincing picture of Fardon's ongoing risk of reoffending, satisfying the high threshold required by the Act. Consequently, the Court was satisfied that Fardon was a serious danger to the community and ordered his detention in custody for an indefinite term for control, care, and treatment.