Attorney-General v W

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General v W [2004] QSC 262

PARTIES:

RODNEY JON WELFORD, ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
W
(respondent)

FILE NO:

BS6668 of 2004

DIVISION:

Trial

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court, Brisbane

DELIVERED ON:

10 August 2004

DELIVERED AT:

Brisbane

HEARING DATE:

6 August 2004

JUDGE:

Douglas J

ORDER:

Further submissions invited

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND
PROCEDURE – JUDGMENT AND PUNISHMENT –
OTHER – SEXUAL OFFENDERS – where applicant sought preliminary order under s 8 of the Dangerous Prisoners’ (Sexual Offenders) Act 2003 (Qld) – whether there are reasonable grounds for believing that the respondent remains a serious danger to the community – whether interim detention order appropriate

Dangerous Prisoners (Sexual Offenders) Act (Qld) 2003, ss 8 & 13

Attorney-General v Fardon [2003] QSC 331, followed

Attorney-General v Francis [2004] QSC 128, followed

COUNSEL:

A J Horneman-Wren for the applicant
D R Lynch for the respondent

SOLICITORS:

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

1. DOUGLAS J:  In this application under the Dangerous Prisoners (Sexual Offenders) Act 2003 (“the Act”) the Attorney-General wishes to have W examined by two psychiatrists and to be detained in custody until this Court determines his application that W be released from custody subject to conditions that the Court considers appropriate. W would otherwise be eligible for release in two days’ time, on 12 August 2004, after serving a sentence of 3 years and 6 months imprisonment imposed in the Mackay District Court on 13 February 2001 for the offence of maintaining an unlawful relationship with a child and two counts of indecently dealing with the same child.

1. That was the third occasion on which he had been imprisoned for similar offences involving young children dating back to 1989.  On 5 November 1991 he was convicted for maintaining an unlawful relationship with a child under 12 and for indecent dealing and he was sentenced to 3 years’ imprisonment with a recommendation for parole after 12 months.  Subsequently he was convicted on 11 February 1994 of indecently dealing with a child under the age of 12 and of exposing the child to an indecent act with circumstances of aggravation for which he was sentenced to 18 months’ imprisonment suspended for a period of 3 years and placed on probation for 2 years with a condition that he receive psychiatric and psychological treatment.

1. The first offence for which he was convicted in 1991 involved his step daughter aged 10.  The next offences committed in July 1993 involved his own son while the last offences for which he is still in prison were committed against his step son who was aged 6 at the time.  He has pleaded guilty to each of those sets of offences and sought medical treatment including psychiatric treatment and counselling.  He has also been granted the advantage of parole, probation and suspended sentences over the years and has continued to reoffend, including while he…