Yeo v Attorney-General

Case [2011] QCA 170

SUPREME COURT OF QUEENSLAND

CITATION:

Yeo v Attorney-General for the State of Queensland [2011] QCA 170

PARTIES:

RAYMOND YEO
(appellant)
v
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(respondent)

FILE NO/S:

Appeal No 11983 of 2010
SC No 9323 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

22 July 2011

DELIVERED AT:

Brisbane

HEARING DATE:

27 May 2011

JUDGES:

Margaret McMurdo P, Muir and White JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1. The Court is satisfied to the requisite standard and affirms the decision that Raymond YEO (the appellant) is a serious danger to the community in the absence of an order under s 13 Dangerous Prisoners (Sexual Offenders) Act 2003.

2. The continuing detention order made on 4 August 2009 is rescinded.

3. The appellant is released from custody subject to the following requirements until 22 July 2021.

The appellant must:

(i)       be under the supervision of an Authorised Corrective Services Officer: (Authorised Corrective Service Officer) for the duration of this order;

(ii)      report to an Authorised Corrective Services Officer at the Queensland Corrective Services Probation and Parole Office closest to his place of residence within 24 hours of the day of release from custody and at that time advise the officer of the appellant's current name and address;

(iii)     report to, and receive visits from, an Authorised Corrective Services Officer at such times and at such frequency as determined by Queensland Corrective Services;

(iv)     notify and obtain the approval of an Authorised Corrective Services Officer for every change of the appellant's name at least two business days before the change occurs;

(v)      notify an Authorised Corrective Services Officer of the nature of his employment, or offers of employment, the hours of work each day, the name of his employer and the address of the premises where he is or will be employed;

(vi)     seek permission and obtain approval from an Authorised Corrective Services Officer prior to entering into an employment agreement or engaging in volunteer work or paid or unpaid employment;

(vii)     reside at a place within the State of Queensland as approved by an Authorised Corrective Services Officer by way of a suitability assessment;

(viii)    not reside at a place by way of short term accommodation including overnight stays without the permission of an Authorised Corrective Services Officer;

(ix)     seek permission and obtain the approval of an Authorised Corrective Services Officer prior to any change of residence;

(x)      not leave or stay out of Queensland without the written permission of an Authorised Corrective Services Officer;

(xi)     not commit an offence of a sexual nature during the period of this order;

(xii)     not commit an indictable offence during the period of this order;

(xiii)    comply with every reasonable direction of an Authorised Corrective Services Officer;

(xiv)    respond truthfully to enquiries by an Authorised Corrective Services Officer about his whereabouts or movements;

(xv)     not have any direct…

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AGLC
Yeo v Attorney-General [2011] QCA 170
Case
[2011] QCA 170
Decision Date

CaseChat Overview and Summary

Raymond Yeo, the appellant, was subject to a supervision order following his release from prison. The appellant was found to have breached his supervision order by attending a support group at a McDonald's restaurant. The trial judge found that the appellant was a serious danger to the community and ordered his continued detention. The appellant appealed the decision, arguing that there was insufficient evidence to warrant his continued detention and that the trial judge erred in not finding the breach of the supervision order to be relatively minor. The appellant also argued that the trial judge failed to take into account international law.

The Court found that the trial judge was correct in finding that the appellant was a serious danger to the community. The Court found that the trial judge had exercised his discretion correctly in ordering the appellant's continued detention. The Court found that the trial judge had considered all relevant factors in making his decision and that the appellant's breach of the supervision order was not relatively minor. The Court found that the trial judge had not erred in failing to take into account international law.

The Court affirmed the trial judge's decision that the appellant was a serious danger to the community and that a supervision order was necessary to protect the community. The Court rescinded the continuing detention order and released the appellant from custody subject to certain conditions. The Court found that the appellant was required to be under the supervision of an Authorised Corrective Services Officer and to comply with various requirements, including reporting to an Authorised Corrective Services Officer, notifying the officer of changes to his name or employment, seeking permission to enter into an employment agreement or engage in volunteer work, and abstaining from alcohol and pornographic images. The Court also found that the appellant was required to reside at a place approved by an Authorised Corrective Services Officer, not leave or stay out of Queensland without the written permission of an Authorised Corrective Services Officer, and not commit an offence of a sexual nature during the period of the order.

The Court made orders releasing the appellant from custody subject to the conditions set out in the decision. The Court also found that the appellant was required to comply with every reasonable direction of an Authorised Corrective Services Officer, respond truthfully to enquiries by the officer about his whereabouts or movements, not have any direct or indirect contact with a victim of his sexual offences, and submit to medical testing or treatment as deemed necessary by the treating psychiatrist or an Authorised Corrective Services Officer. The Court found that the expense of any such testing or treatment was to be met by Queensland Corrective Services. The Court also found that the appellant was required to permit any medical, psychiatric, psychological or other mental health practitioner to disclose details of treatment, intervention and opinions relevant to the appellant's level of risk of re-offending and compliance with the order to Queensland Corrective Services. The Court found that the appellant was required to attend and participate fully in any program or course conducted by a psychologist, counsellor, or other professional, in a group or individual capacity, as directed by an Authorised Corrective Services Officer in consultation with any treating medical, psychiatric, psychological or other mental health practitioner where appropriate, with any expense of such program to be met by Queensland Corrective Services. The Court found that the appellant was required to submit to and discuss with an Authorised Corrective Services Officer a schedule of his planned and proposed activities on a weekly basis or at such other intervals as directed by an Authorised Corrective Services Officer, which must, if required by the Authorised Corrective Services Officer, disclose the identity of any person who will accompany the appellant during any of those activities and the extent to which that person has been advised by the appellant of the nature of his sexual offences.

Orders

Orders of the court

1. The Court is satisfied to the requisite standard and affirms the decision that Raymond YEO (the appellant) is a serious danger to the community in the absence of an order under s 13 Dangerous Prisoners (Sexual Offenders) Act 2003.

2. The continuing detention order made on 4 August 2009 is rescinded.

3. The appellant is released from custody subject to the following requirements until 22 July 2021.

The appellant must:

(i) be under the supervision of an Authorised Corrective Services Officer: (Authorised Corrective Service Officer) for the duration of this order;

(ii) report to an Authorised Corrective Services Officer at the Queensland Corrective Services Probation and Parole Office closest to his place of residence within 24 hours of the day of release from custody and at that time advise the officer of the appellant's current name and address;

(iii) report to, and receive visits from, an Authorised Corrective Services Officer at such times and at such frequency as determined by Queensland Corrective Services;

(iv) notify and obtain the approval of an Authorised Corrective Services Officer for every change of the appellant's name at least two business days before the change occurs;

(v) notify an Authorised Corrective Services Officer of the nature of his employment, or offers of employment, the hours of work each day, the name of his employer and the address of the premises where he is or will be employed;

(vi) seek permission and obtain approval from an Authorised Corrective Services Officer prior to entering into an employment agreement or engaging in volunteer work or paid or unpaid employment;

(vii) reside at a place within the State of Queensland as approved by an Authorised Corrective Services Officer by way of a suitability assessment;

(viii) not reside at a place by way of short term accommodation including overnight stays without the permission of an Authorised Corrective Services Officer;

(ix) seek permission and obtain the approval of an Authorised Corrective Services Officer prior to any change of residence;

(x) not leave or stay out of Queensland without the written permission of an Authorised Corrective Services Officer;

(xi) not commit an offence of a sexual nature during the period of this order;

(xii) not commit an indictable offence during the period of this order;

(xiii) comply with every reasonable direction of an Authorised Corrective Services Officer;

(xiv) respond truthfully to enquiries by an Authorised Corrective Services Officer about his whereabouts or movements;

(xv) not have any direct or indirect contact with a victim of his sexual offences;

(xvi) notify an Authorised Corrective Services Officer of the make, model, colour and registration number of any vehicle owned by or generally driven by him, whether hired or otherwise obtained for his use;

(xvii) attend upon and submit to assessment and/or treatment by a psychiatrist, psychologist, social worker, counsellor or other mental health professional as directed by an Authorised Corrective Services Officer at a frequency and duration which shall be recommended by the treating professional, the expense of which is to be met by Queensland Corrective Services;

(xviii) agree to undergo medical testing or treatment (including the testing of testosterone levels by an endocrinologist) as deemed necessary by the treating psychiatrist or an Authorised Corrective Services Officer, and permit the release of the results and details of the testing to Queensland Corrective Services, if such a request is made for the purpose of amending the supervision order or for ensuring compliance with this order, the expense of which is to be met by Queensland Corrective Services;

(xix) permit any medical, psychiatric, psychological or other mental health practitioner to disclose details of treatment, intervention and opinions relevant to the appellant's level of risk of re-offending and compliance with this order to Queensland Corrective Services, if such a request is made for the purpose of amending the supervision order and/or ensuring compliance with this order;

(xx) attend and participate fully in any program or course conducted by a psychologist, counsellor, or other professional, in a group or individual capacity, as directed by an Authorised Corrective Services Officer in consultation with any treating medical, psychiatric, psychological or other mental health practitioner where appropriate, with any expense of such program to be met by Queensland Corrective Services;

(xxi) submit to and discuss with an Authorised Corrective Services Officer a schedule of his planned and proposed activities on a weekly basis or at such other intervals as directed by an Authorised Corrective Services Officer, which must, if required by the Authorised Corrective Services Officer, disclose the identity of any person who will accompany the appellant during any of those activities and the extent to which that person has been advised by the appellant of the nature of his sexual offences;

(xxii) not undertake any trip, visit or other activity away from his approved place of residence without the prior written approval of an Authorised Corrective Services Officer, unless an Authorised Corrective Services Officer dispenses with this requirement;

(xxiii) report to an Authorised Corrective Services Officer on a weekly basis or at such other intervals as directed by an Authorised Corrective Services Officer on trips, visits and other activities that the appellant has undertaken since last reporting to an Authorised Corrective Services Officer and the identity of any persons in whose company the appellant undertook such trips, visits or activities, unless an Authorised Corrective Services Officer dispenses with this requirement;

(xxiv) not initiate or maintain any supervised or unsupervised contact with any child under 16 years of age or with any physically or intellectually impaired person (other than a sibling of the appellant), except with the prior written approval of an Authorised Corrective Services Officer. The appellant is required to disclose the terms of this order and details of his convictions for sexual offences to the guardians and caregivers of the child or impaired person, before any such contact can take place; provided that Queensland Corrective Services may disclose that the appellant is subject to this supervision order and the terms of this order to guardians or caregivers of the child or impaired person and external agencies (e.g. Department of Child Safety) in the interest of ensuring the safety of the child or impaired person;

(xxv) not join, affiliate with, attend on 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 there is either child membership or child participation without the prior written permission of an Authorised Corrective Services Officer;

(xxvi) not visit or attend at a caravan park without the prior written permission of an Authorised Corrective Services Officer;

(xxvii) not visit a public park without the prior written permission of an Authorised Corrective Services Officer;

(xxviii)comply with every reasonable curfew direction or monitoring direction of an Authorised Corrective Services Officer;

(xxix) not access pornographic images on the internet or otherwise;

(xxx) abstain from the consumption of alcohol without the prior written permission of an Authorised Corrective Services Officer;

(xxxi) submit to alcohol testing including breath testing as directed by an Authorised Corrective Services Officer, the expense of which is to be met by Queensland Corrective Services.

Background

Background to the litigation

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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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