McCrossen v The Queen

In the Supreme Court, the applicant, Mr McCrossen, sought the discharge of a declaration made under the Sentencing Act 1997 (Tas) that he is a dangerous criminal. Mr McCrossen was declared a dangerous criminal in 1991 and has been incarcerated at Risdon Prison since that time. The primary issue before the Court was whether the criteria for discharging a dangerous criminal declaration under section 21D(2) of the Sentencing Act had been satisfied. Specifically, the Court had to consider whether Mr McCrossen no longer represented a significant danger to the safety of members of the public.

The Court examined various expert reports and considered Mr McCrossen's history of mental health issues, including severe posttraumatic stress disorder, major depressive disorder, and personality disorder, as well as his history of institutional behaviour and numerous disciplinary charges within the prison system. The expert evidence indicated that Mr McCrossen's mental health had stabilised, and there had been a significant reduction in his institutional misconduct over the years. The experts also noted that while Mr McCrossen had engaged in periods of social withdrawal and isolation, these episodes had lessened in frequency and duration. Despite this, the Court found that Mr McCrossen's history of violent offending, particularly the nature of his offences at a young age, remained a significant concern.

The Court concluded that, while Mr McCrossen's current institutional behaviour suggested a reduction in the risk he posed, his past history of violent offending and the nature of those offences were critical factors that could not be overlooked. The Court held that Mr McCrossen had not demonstrated a sufficient change in his circumstances to warrant the discharge of the dangerous criminal declaration. Consequently, the application was dismissed.

The Court ordered that the application be dismissed, and no further orders were made.