Attorney-General v Tiers (No 2)

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General for the State of Queensland v Tiers (No 2) [2018] QSC 229

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(applicant)

v
ALGANA TIERS

(respondent)

FILE NO:

BS No 7580 of 2010

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

3 October 2018, ex tempore

DELIVERED AT:

Brisbane

HEARING DATE:

10 April, 29 May, 8 June, 31 July, 3 October 2018

JUDGE:

Bowskill J

ORDERS:

1. The supervision order made on 21 June 2017 be rescinded.

2. The respondent be detained in custody for an indefinite term for control, care or treatment.

COUNSEL:

J Rolls for the Applicant

A Loode for the Respondent

SOLICITORS:

Crown Law for the Applicant

Legal Aid Queensland for the Respondent

1. In November 2017 the Attorney-General applied for an order under s 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), rescinding the supervision order which had been in place in relation to Mr Tiers and seeking the making of a continuing detention order.

2. In reasons that were published on 4 June 2018 in the context of this application,[1] the material relied upon, up until that time at least, was addressed in some detail.  The reason for that was that the application had come on for hearing on two separate occasions, on 10 April 2018 and 29 May 2018, and on both occasions had been adjourned.  I considered it appropriate in light of that further adjournment to publish detailed reasons explaining why that was so.  Those reasons mean that it is not necessary to revisit all of those matters.  They remain apt. 

   [1]     Attorney-General v Tiers [2018] QSC 130.

3. After those reasons were published, the matter came on again for hearing on 8 June 2018.  On that occasion, there was before the court affidavit material outlining the significant efforts which had been made by the solicitor for Mr Tiers to try to find supported accommodation for him; sadly without success. 

4. The circumstances of Mr Tiers’ case are such that he remains subject of the Dangerous Prisoners (Sexual Offenders) Act as a consequence of the very serious offence committed when he was aged 15.  He is now a man approaching 32 years of age.  He is still very young but faces considerable challenges, both as a consequence of his childhood, the circumstances of which are outlined in the psychiatrists’ reports before the court, and also the report of Dr Michelle Andrews, but then, in addition, as a consequence of the very long periods of time that he has spent in custody since the age of 15.  The material supports the conclusion that Mr Tiers remains somebody who poses a relevant risk under the Dangerous Prisoners (Sexual Offenders) Act and that he is somebody who requires a combination of support within the community, together with the supervision that would be brought to bear by Corrective Services under this legislation, together with appropriate treatment; and it has been the absence of that type of supported accommodation in the community that has seen this…