Attorney-General v Foy

[2006] QSC 143

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General v Foy  [2006] QSC 143

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
MARK ANTHONY FOY
(respondent)

FILE NO/S:

BS 8990 of 2004

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

14 June 2006

DELIVERED AT:

Brisbane

HEARING DATE:

13 and 14 June 2006

JUDGE:

McMurdo J

ORDER:

1. The Court is satisfied on the balance of probabilities that the Respondent, Mark Anthony Foy has contravened the supervision order made by Justice Douglas on 6 January 2005.

2. The Court is satisfied that it is appropriate to amend the conditions of the supervision order made on 6 January 2005 in accordance with the conditions set out in the reasons for judgment.

3. The Respondent be subject to the supervision order as amended until 31 December 2014.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT– SENTENCE – OTHER MATTERS  – QUEENSLAND – where on 6 January 2005 a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 was made against the respondent ­– where the respondent has breached at least one of the conditions of the supervision order – where the applicant applies to have that order rescinded and for the respondent to be returned to custody under a continuing detention order – where alternatively the applicant seeks an amendment of the present supervisory regime – whether the respondent should be returned to custody under a continuing detention order or the conditions of the supervision order should be amended

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld)
Drugs Misuse Act 1986 (Qld)
Penalties and Sentences Act 1992, s 114

COUNSEL:

M D Hinson SC for the applicant
M A Green for the respondent

SOLICITORS:

C W Lohe Crown Solicitor for the applicant
Legal Aid Queensland for the respondent

1. J:McMURDO  On 6 January 2005 a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) was made against the respondent. The Attorney-General now applies to have that order rescinded and for the respondent to be returned to custody under a continuing detention order. Alternatively the Attorney seeks an amendment of the present supervisory regime.

1. The nature and extent of the respondent’s sexual offending is described in the judgment of Douglas J when making the supervision order last year.  That judgment also summarises the respective opinions of three psychiatrists, none of whom advocated his continuing detention.  They included Dr Lawrence and Professor Nurcombe who are witnesses in the present application.  His Honour observed that the psychiatric evidence was to the effect that a supervisory order was more likely to have a beneficial result than continuing imprisonment in respect of the respondent’s risk of further offending.  The supervision order which was then made was for a term of ten years and was subject to extensive conditions.  It is a breach of at least one of those conditions which leads to the present application. 

1. That condition was that he abstain from alcohol and non prescribed drugs for…