Attorney-General v Hansen - [2006] QSC 35

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General v Hansen [2006] QSC 35

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
CRAIG LYNDSAY HANSEN
(respondent)

FILE NO:

BS 9941 of 2005

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court

DELIVERED ON:

6 March 2006

DELIVERED AT:

Brisbane

HEARING DATE:

16 February 2006, 3 March 2006

JUDGE:

Mackenzie J

ORDER:

1.     The Court is satisfied to the requisite standard that Craig Lyndsay Hansen poses a serious danger to the community in the absence of an Order pursuant to Division 3 of the Dangerous Prisoner (Sexual Offenders) Act 2003.

2.     The Respondent be subject, for a period of 20 years, to a supervision order on the conditions in paragraph 3, until further Order of the Court.

3.     The Respondent must:

(a)     be under the supervision of a Corrective Services officer (“the supervising Corrective Services officer”) for the duration of this Order;

(b)     report to the supervising Corrective Services officer at the Department of Corrective Services Area Office closest to his place of residence between 9.00 am and 4.00 pm on the day of his release pursuant to the supervision order and advise the officer of his current name and address;

(c)     reside at a place within the State of Queensland as approved by the supervising Corrective Services officer by way of a suitability assessment. The place is not to be within 200 metres of a school, or any other public place or business frequented by children unless authorised in writing by the supervising Corrective Services officer in order to provide temporary accommodation;

(d)     report to and receive visits from the supervising Corrective Services officer at such frequency as determined necessary by the supervising Corrective Services officer;

(e)     notify the supervising Corrective Services officer of every change of his name at least two business days before the change happens;

(f)     notify the supervising Corrective Services officer of the nature of his employment, the hours of work each day, the name of his employer and the address of the premises where he is employed;

(g)     notify the supervising Corrective Services officer of every change of employment at least two business days before the change happens;

(h)     notify the supervising Corrective Services officer of every anticipated change of the Respondent’s place of residence at least two business days prior to the change and obtain the approval of the supervising Corrective Services officer prior to the change of residence;

(i)     not leave or stay out of Queensland without the written permission of the supervising Corrective Services officer;

(j)     not commit an offence of a sexual nature during the period for which these Orders operate;

(k)     obey the lawful and reasonable directions of the supervising Corrective Services officer;

(l)     respond truthfully to enquiries made by the supervising Corrective Services officer about his whereabouts and movements generally;

(m)    not join, affiliate with, or attend the premises of or attend at the activities carried on by any club or organisation in respect of which there are reasonable grounds for believing…

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.

Continue reading Attorney-General v Hansen

Details

AGLC: Attorney-General v Hansen [2006] QSC 35
Case: [2006] QSC 35
Decision Date: 6 March 2006

CaseChat Overview and Summary

The case of Attorney-General v Hansen involved Craig Lyndsay Hansen, who was convicted of multiple sexual offences, and the Queensland Government, represented by the Attorney-General. The primary dispute was whether Hansen posed a serious danger to the community and, if so, whether a supervision order under Division 3 of the Dangerous Prisoner (Sexual Offenders) Act 2003 should be imposed upon him. The Queensland Supreme Court was tasked with determining these issues.

The court had to decide whether Hansen was a dangerous sexual offender who posed a serious risk to the community and, if so, what conditions should be imposed under a supervision order. This involved examining evidence and expert opinions on Hansen's risk profile and the likelihood of re-offending. The court also considered the proportionality and necessity of the proposed conditions to ensure they were suitable for managing Hansen's risk while respecting his rights.

In its judgment, the court found that Hansen posed a serious danger to the community in the absence of a supervision order. The court accepted the evidence presented by the prosecution, including expert assessments, which indicated Hansen's high risk of re-offending if not subject to strict supervision. The court detailed the specific conditions of the supervision order, which included strict reporting requirements, residence restrictions, and prohibitions on contact with children and access to pornographic material. The court concluded that these conditions were necessary to manage Hansen's risk and protect the community.

The final orders of the court were that Hansen be subject to a supervision order for 20 years, with detailed conditions governing his movements, residence, and activities. Hansen must also comply with various reporting and treatment requirements, including regular contact with a supervising Corrective Services officer and participation in sex offender treatment programs. These orders reflect the court's determination that Hansen's risk to the community necessitates stringent and comprehensive supervision.

Orders

Orders of the court

1. The Court is satisfied to the requisite standard that Craig Lyndsay Hansen poses a serious danger to the community in the absence of an Order pursuant to Division 3 of the Dangerous Prisoner (Sexual Offenders) Act 2003.

2. The Respondent be subject, for a period of 20 years, to a supervision order on the conditions in paragraph 3, until further Order of the Court.

3. The Respondent must:

(a) be under the supervision of a Corrective Services officer (“the supervising Corrective Services officer”) for the duration of this Order;

(b) report to the supervising Corrective Services officer at the Department of Corrective Services Area Office closest to his place of residence between 9.00 am and 4.00 pm on the day of his release pursuant to the supervision order and advise the officer of his current name and address;

(c) reside at a place within the State of Queensland as approved by the supervising Corrective Services officer by way of a suitability assessment. The place is not to be within 200 metres of a school, or any other public place or business frequented by children unless authorised in writing by the supervising Corrective Services officer in order to provide temporary accommodation;

(d) report to and receive visits from the supervising Corrective Services officer at such frequency as determined necessary by the supervising Corrective Services officer;

(e) notify the supervising Corrective Services officer of every change of his name at least two business days before the change happens;

(f) notify the supervising Corrective Services officer of the nature of his employment, the hours of work each day, the name of his employer and the address of the premises where he is employed;

(g) notify the supervising Corrective Services officer of every change of employment at least two business days before the change happens;

(h) notify the supervising Corrective Services officer of every anticipated change of the Respondent’s place of residence at least two business days prior to the change and obtain the approval of the supervising Corrective Services officer prior to the change of residence;

(i) not leave or stay out of Queensland without the written permission of the supervising Corrective Services officer;

(j) not commit an offence of a sexual nature during the period for which these Orders operate;

(k) obey the lawful and reasonable directions of the supervising Corrective Services officer;

(l) respond truthfully to enquiries made by the supervising Corrective Services officer about his whereabouts and movements generally;

(m) not join, affiliate with, or attend the premises of or attend at the activities carried on by any club or organisation in respect of which there are reasonable grounds for believing that there is either child membership or child participation; provided that it shall not be a contravention of this condition if the respondent attends a place of religious worship in company with Mr Neil Pearson or another person in respect of whom prior approval in writing has been given by the supervising Corrective Services officer, solely for the purpose of religious worship;

(n) notify the supervising Corrective Services officer of the make, model, colour and registration number of any motor vehicle owned by, or generally driven by him;

(o) not be on the premises of any shopping centre, without reasonable excuse:

(i) between the hours of 8.00 am to 9.30 am and 2.30 pm to 4.30 pm on school days;

(ii) at any time on weekdays during school holidays, weekends or public holidays; other than:

· for the purpose of employment; or

· to attend a bona fide pre-arranged appointment with a government agency, medical practitioner or the like; or

· for any other purpose if the supervising Corrective Services officer has given prior approval in writing.

(p) not, without reasonable excuse, be within 200 metres of a school between 8.00 am to 9.30 am and 2.30 pm to 4.30 pm on school days;

(q) not, without reasonable excuse, be within 200 metres of a children’s playground or child care area;

(r) not have any supervised or unsupervised care of children under 16 years of age;

(s) not have any unsupervised contact with children under 16 years of age except with the supervising Corrective Services officer’s prior written approval. Further, the Respondent must disclose the terms of this Order to the guardians of the child or children before any such contact can take place;

(t) not establish and maintain contact with children under 16 years of age;

(u) not establish and maintain a relationship with any woman who has any children under 16 years of age in her care permanently or from time to time;

(v) not access pornographic images containing photographs or images of children on a computer or on the Internet;

(w) abstain from illicit drugs and from alcohol for the duration of this Order;

(x) take prescribed drugs only as directed by a medical practitioner;

(y) submit to random drug and alcohol testing for illicit drugs and alcohol as directed by a Corrective Services officer, the expense of which is to be met by the Department of Corrective Services;

(z) attend a psychiatrist or psychologist who has been approved by the supervising Corrective Services officer at a frequency and duration which shall be recommended by the treating psychiatrist/psychologist, the expense of which is to be met by the Department of Corrective Services;

(aa) permit any treating psychiatrist, psychologist or counsellor to disclose details of medical treatment and opinions relating to his level of risk of

re-offending and compliance with this Order to the Department of Corrective Services if such request is made in writing for the purposes of updating or amending the supervision Order and/or ensuring compliance with this Order;

(bb) attend any program, course, counselling, therapy or treatment, in a group or in an individual capacity, as directed by the supervising Corrective Services officer in consultation with the treating psychiatrist/psychologist, the expense of which is to be met by the Department of Corrective Services;

(cc) attend any such sex offending treatment program or counselling as is considered appropriate by the supervising Corrective Services officer in consultation with the treating psychiatrist/psychologist, the expense of which is to be met by the Department of Corrective Services;

(dd) agree to undergo medical testing or treatment as deemed necessary by the treating psychiatrist/psychologist in consultation with the supervising Corrective Services officer, and permit the release of the results and details of the testing to the Department of Corrective Services, if such a request is made in writing for the purposes of updating or amending the supervision Order, the expense of which is to be met by the Department of Corrective Services. Further and specifically, if it is deemed by the treating psychiatrist/psychologist in consultation with the supervising Corrective Services officer that sexual impulse medication is an appropriate course of therapy/treatment this is only to occur with the Respondent’s consent.

4. I order that documents numbered 13 to 18 on the file index be sealed in an envelope or other suitable receptacle and marked “not to be opened without the order of a judge”.

Background

Background to the litigation

Full text does not contain this section.

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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CITATION:	Attorney-General v Hansen [2006] QSC 35
PARTIES:	ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v CRAIG LYNDSAY HANSEN (respondent)
FILE NO:	BS 9941 of 2005
DIVISION:	Trial
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court
DELIVERED ON:	6 March 2006
DELIVERED AT:	Brisbane
HEARING DATE:	16 February 2006, 3 March 2006
JUDGE:	Mackenzie J
ORDER:	1. The Court is satisfied to the requisite standard that Craig Lyndsay Hansen poses a serious danger to the community in the absence of an Order pursuant to Division 3 of the Dangerous Prisoner (Sexual Offenders) Act 2003. 2. The Respondent be subject, for a period of 20 years, to a supervision order on the conditions in paragraph 3, until further Order of the Court. 3. The Respondent must: (a) be under the supervision of a Corrective Services officer (“the supervising Corrective Services officer”) for the duration of this Order; (b) report to the supervising Corrective Services officer at the Department of Corrective Services Area Office closest to his place of residence between 9.00 am and 4.00 pm on the day of his release pursuant to the supervision order and advise the officer of his current name and address; (c) reside at a place within the State of Queensland as approved by the supervising Corrective Services officer by way of a suitability assessment. The place is not to be within 200 metres of a school, or any other public place or business frequented by children unless authorised in writing by the supervising Corrective Services officer in order to provide temporary accommodation; (d) report to and receive visits from the supervising Corrective Services officer at such frequency as determined necessary by the supervising Corrective Services officer; (e) notify the supervising Corrective Services officer of every change of his name at least two business days before the change happens; (f) notify the supervising Corrective Services officer of the nature of his employment, the hours of work each day, the name of his employer and the address of the premises where he is employed; (g) notify the supervising Corrective Services officer of every change of employment at least two business days before the change happens; (h) notify the supervising Corrective Services officer of every anticipated change of the Respondent’s place of residence at least two business days prior to the change and obtain the approval of the supervising Corrective Services officer prior to the change of residence; (i) not leave or stay out of Queensland without the written permission of the supervising Corrective Services officer; (j) not commit an offence of a sexual nature during the period for which these Orders operate; (k) obey the lawful and reasonable directions of the supervising Corrective Services officer; (l) respond truthfully to enquiries made by the supervising Corrective Services officer about his whereabouts and movements generally; (m) not join, affiliate with, or attend the premises of or attend at the activities carried on by any club or organisation in respect of which there are reasonable grounds for believing…