Supreme Court - Trial Division

Attorney-General v S [2017] QSC 032 (15/2012) Brown J 13 March 2017

Full-text: QSC17-032.pdf


CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – GENERALLY – where the respondent was detained under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – where the applicant applied for the order to be reaffirmed under section 30 of the Act – where psychiatrists opined that the respondent was a moderate to high risk of reoffending sexually if released under a supervision order –where the respondent had participated in a sexual offenders program but denied his sexual offending – where psychiatrists considered he was still in need of participating in sexual offending and violence programs and considered whether the respondent poses a serious danger to the community pursuant to Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – whether the applicant has discharged the onus to establish that the respondent should continue to be subject to a continuing detention order – whether the community could be adequately protected by a supervision order