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Attorney-General v WBG

 

[2019] QSC 324

SUPREME COURT OF QUEENSLAND

CITATION:

Attorney-General for the State of Queensland v WBG [2019] QSC 324

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(applicant)

v

WBG

(respondent)

FILE NO/S:

BS No 2937 of 2019

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

20 December 2019

DELIVERED AT:

Brisbane

HEARING DATE:

20 December 2019

JUDGE:

Davis J

ORDER:

The respondent be released subject to the requirements set out in the Schedule to these reasons until 23 December 2029

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent was subject to examination by psychiatrists for the purposes of the application – where the applicant conceded that adequate protection of the community could be ensured by a supervision order under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (DPSOA) – where the respondent conceded the need for a supervision order under Division 3 of Part 2 of the DPSOA – where the length of the order under Division 3 of Part 2 of the DPSOA was not contested – whether the applicant presents a serious danger to the community in the absence of a supervision order under Division 3 of Part 2 of the DPSOA – whether such an order should be made

Corrective Services Act 2006 (Qld)

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 2, s 3, s 5, s 8, s 9A, s 9AA, s 11, s 12, s 13, s 13A, s 16

Attorney-General for the State of Queensland v Francis [2007] 1 Qd R 396, followed

Attorney-General for the State of Queensland v KAH [2019] QSC 36, followed

Attorney-General for the State of Queensland v Newman [2019] 2 Qd R 1, cited

Attorney-General for the State of Queensland v Sutherland [2006] QSC 268, followed

COUNSEL:

J Tate for the applicant

C Cassidy for the respondent

SOLICITORS:

Crown Solicitor for the applicant

Legal Aid Queensland for the respondent

  1. [1]
    The respondent is presently held in custody under an interim detention order made under the provisions of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the DPSOA).[1]  He was, until 2 July 2019, serving a term of imprisonment for serious sexual offences committed against children including his daughters (the index offences).
  2. [2]
    The Attorney-General applied for orders under the DPSOA.  Dr Scott Harden examined the respondent and prepared a risk assessment report.[2]  On 4 April 2019, Burns J, on a hearing pursuant to s 8 of the DPSOA, held that there were reasonable grounds for believing the respondent is a serious danger to the community in the absence of an order under Part 2 Division 3 of the DPSOA and:
    1. appointed consultant psychiatrists, Dr Ness McVie and Dr Karen Brown, to prepare risk assessment reports;[3] and
    2. set the hearing date of the application for final orders as 24 June 2019.[4] 
  3. [3]
    As I will later explain, the psychiatric evidence strongly suggests that the respondent should be released on supervision to suitable secure accommodation.  That accommodation was not available and the application was adjourned.  Accommodation became available and the application was listed urgently for today.

Relevant factual context

  1. [4]
    The respondent was born on 22 June 1939.  He is now 80 years of age.  He has two biological daughters to whom I shall refer as E and L.  Another girl, B, was, during her childhood, believed by the respondent to be his biological daughter.  In the 1980s, it was revealed that she was in fact not.
  2. [5]
    Between 1973 and 1985, the respondent sexually offended against each of B, E and L.  Over this period of offending, the respondent was aged between 34 and 46 years.
  3. [6]
    B was offended against by the respondent from the age of about nine to the age of about 15.  The respondent offended against E from about the age of five until she was about 13.  L was also the subject of offending by the respondent from about the age of five until about the age of 13.
  4. [7]
    The offending against B, E and L varied from the respondent performing oral sex upon them, to them being forced to perform oral sex on him, to digital and penile penetration.  It is unnecessary to go into any further detail.
  5. [8]
    Another girl, AW, was six years of age when the respondent offended against her.  AW was visiting the respondent’s neighbour.  The respondent confronted her, then grabbed her by the hair and pulled her into the lounge room of his house.  There, he removed her clothes and licked her vagina.  That occurred in 2006.
  6. [9]
    All the offending was the subject of two indictments which came before the District Court on 28 October 2008.  On that day, the respondent pleaded guilty and was sentenced to an effective 12 years’ imprisonment.  After taking into account time served before sentence, the respondent’s fulltime release date was 2 July 2019.  As already observed, he is presently still in custody as a result of orders made in proceedings brought under the DPSOA.

Statutory scheme

  1. [10]
    Section 3 of the DPSOA identifies the objects of the legislation as follows:

3 Objects of this Act

The objects of this Act are—

  1. (a)
    to provide for the continued detention in custody or supervised release of a particular class of prisoner to ensure adequate protection of the community; and
  1. (b)
    to provide continuing control, care or treatment of a particular class of prisoner to facilitate their rehabilitation.”
  1. [11]
    The objects of the DPSOA are fulfilled by a scheme providing for the detention of prisoners beyond the expiry of their sentences, or alternatively their release upon supervision.
  2. [12]
    By s 5, the Attorney-General may apply for both an order under s 8 of the DPSOA and also an order under Division 3 of Part 2.[5]  Division 3 of Part 2 provides for the making of final orders.  Applications can only be brought under s 5 against a “prisoner”.
  3. [13]
    Section 5, which authorises the application for orders and which contains the definition of “prisoner”, is as follows:

5 Attorney-General may apply for orders

  1. (1)
    The Attorney-General may apply to the court for an order or orders under section 8 and a division 3 order in relation to a prisoner.
  1. (2)
    The application must—
  1. (a)
    state the orders sought; and
  1. (b)
    be accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8; and
  1. (c)
    be made during the last 6 months of the prisoner’s period of imprisonment.
  1. (3)
    On the filing of the application, the registrar must record a return date for the matter to come before the court for a hearing (preliminary hearing) to decide whether the court is satisfied that there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order.
  1. (4)
    The return date for the preliminary hearing must be within 28 business days after the filing.
  1. (5)
    A copy of the application and any affidavit to be relied on by the Attorney-General must be given to the prisoner within 2 business days after the filing.
  1. (6)
    In this section—
  1. (1)
    prisoner means a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or serving a period of imprisonment that includes a term of imprisonment for a serous sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section.”
  1. [14]
    The definition of “prisoner” in s 5(6) introduces the concept of “a serious sexual offence”.  That term is defined as follows:

serious sexual offence means an offence of a sexual nature, whether committed in Queensland or outside Queensland—

  1. (a)
    involving violence; or
  1. (b)
    against a child; or
  1. (c)
    against a person, including a fictitious person represented to the prisoner as a real person, whom the prisoner believed to be a child under the age of 16 years.”
  1. [15]
    Section 8 provides for a preliminary hearing.  It is in terms:

8 Preliminary hearing

  1. (1)
    If the court is satisfied there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order, the court must set a date for the hearing of the application for a division 3 order.
  1. (2)
    If the court is satisfied as required under subsection (1), it may make—
  1. (a)
    an order that the prisoner undergo examinations by 2 psychiatrists named by the court who are to prepare independent reports; and
  1. (b)
    if the court is satisfied the application may not be finally decided until after the prisoner’s release day –
  1. (i)
    an order that the prisoner’s release from custody be supervised; or
  1. (ii)
    an order that the prisoner be detained in custody for the period stated in the order.”
  1. [16]
    The term “prisoner”, as used in s 8 is defined differently to the definition in s 5(6).  In s 8, the term “prisoner” has the same meaning as that defined for the purposes of the Corrective Services Act 2006.[6]  The distinction is, though, not relevant here.[7]  The respondent was clearly a “prisoner” at all times relevant to the DPSOA proceedings.
  2. [17]
    Section 8 introduces the notion of “serious danger to the community”.  This term is defined in s 13 which is the pivotal section in Division 3 of Part 2.  Section 13 is in these terms:

13 Division 3 orders

  1. (1)
    This section applies if, on the hearing of an application for a division 3 order, the court is satisfied the prisoner is a serious danger to the community in the absence of a division 3 order (a serious danger to the community).
  1. (2)
    A prisoner is a serious danger to the community as mentioned in subsection (1) if there is an unacceptable risk that the prisoner will commit a serious sexual offence—
  1. (a)
    if the prisoner is released from custody; or
  1. (b)
    if the prisoner is released from custody without a supervision order being made.
  1. (3)
    On hearing the application, the court may decide that it is satisfied as required under subsection (1) only if it is satisfied—
  1. (a)
    by acceptable, cogent evidence; and
  1. (b)
    to a high degree of probability;

that the evidence is of sufficient weight to justify the decision.

  1. (4)
    In deciding whether a prisoner is a serious danger to the community as mentioned in subsection (1), the court must have regard to the following—

(aa) any report produced under section 8A;

  1. (a)
    the reports prepared by the psychiatrists under section 11 and the extent to which the prisoner cooperated in the examinations by the psychiatrists;
  1. (b)
    any other medical, psychiatric, psychological or other assessment relating to the prisoner;
  1. (c)
    information indicating whether or not there is a propensity on the part of the prisoner to commit serious sexual offences in the future;
  1. (d)
    whether or not there is any pattern of offending behaviour  on the part of the prisoner;
  1. (e)
    efforts by the prisoner to address the cause or causes of the prisoner’s offending behaviour, including whether the prisoner participated in rehabilitation programs;
  1. (f)
    whether or not the prisoner’s participation in rehabilitation programs has had a positive effect on the prisoner;
  1. (g)
    the prisoner’s antecedents and criminal history;
  1. (h)
    the risk that the prisoner will commit another serious sexual offence if released into the community;
  1. (i)
    the need to protect members of the community from that risk;
  1. (j)
    any other relevant matter.
  1. (5)
    If the court is satisfied as required under subsection (1), the court may order—
  1. (a)
    that the prisoner be detained in custody for an indefinite term for control, care or treatment (continuing detention order); or
  1. (b)
    that the prisoner be released from custody subject to the requirements it considers appropriate that are stated in the order (supervision order).
  1. (6)
    In deciding whether to make an order under subsection (5)(a) or (b)—
  1. (a)
    the paramount consideration is to be the need to ensure adequate protection of the community; and
  1. (b)
    the court must consider whether –
  1. (i)
    adequate protection of the community can be reasonably and practicably managed by a supervision order; and
  1. (ii)
    requirements under section 16 can be reasonably and practicably managed by Corrective Services officers.
  1. (7)
    The Attorney-General has the onus of proving that a prisoner is a serious danger to the community as mentioned in subsection (1).”
  1. [18]
    Orders which can be made under s 8 include orders that a prisoner undergo psychiatric examination.  The evidence so obtained is then relied upon by the Attorney-General on the application brought under s 13.  Relevant to examinations ordered under s 8, are ss 11 and 12 which are in these terms:

11 Preparation of psychiatric report

  1. (1)
    Each psychiatrist examining the prisoner must prepare a report under this section.
  1. (2)
    The report must indicate—
  1. (a)
    the psychiatrist’s assessment of the level of risk that the prisoner will commit another serious sexual offence—
  1. (i)
    if released from custody; or
  1. (ii)
    if released from custody without a supervision order being made; and
  1. (b)
    the reasons for the psychiatrist’s assessment.
  1. (3)
    For the purposes of preparing the report, the chief executive must give each psychiatrist any medical, psychiatric, prison or other relevant report or information in relation to the prisoner in the chief executive’s possession or to which the chief executive has, or may be given, access.
  1. (4)
    A person in possession of a report or information mentioned in subsection (3) must give a copy of the report or the information to the chief executive if asked by the chief executive.
  1. (5)
    Subsection (4) authorises and requires the person to give the report or information despite any other law to the contrary or any duty of confidentiality attaching to the report.
  1. (6)
    If a person required to give a report or information under subsection (4) refuses to give the report or information, the chief executive may apply to the court for an order requiring the person to give the report or information to the chief executive.
  1. (7)
    A person giving a report or information under subsection (4) or (6) is not liable, civilly, criminally or under an administrative process, for giving the report or information.
  1. (8)
    Each psychiatrist must have regard to each report or the information given to the psychiatrists under subsection (3).
  1. (9)
    Each psychiatrist must prepare a report even if the prisoner does not cooperate; or does not cooperate fully, in the examination.

12 Psychiatric reports to be given to the Attorney-General and the prisoner

  1. (1)
    Each psychiatrist must give a copy of the psychiatrist’s report to the Attorney-General within 7 days after finalising the report.
  1. (2)
    The Attorney-General must give a copy of each report to the prisoner on the next business day after the Attorney-General receives the report.”
  1. [19]
    Section 16 deals with the contents of supervision orders:

16  Requirements for orders

  1. (1)
    If the court or a relevant appeal court orders that a prisoner’s release from custody be supervised under a supervision order or interim supervision order, the order must contain requirements that the prisoner—
  1. (a)
    report to a Corrective Services officer at the place, and within the time, stated in the order and advise the officer of the prisoner’s current name and address; and
  1. (b)
    report to, and receive visits from, a Corrective Services officer as directed by the court or a relevant appeal court; and
  1. (c)
    notify a Corrective Services officer of every change of the prisoner’s name, place of residence or employment at least 2 business days before the change happens; and
  1. (d)
    be under the supervision of a Corrective Services officer; and

(da)  comply with a curfew direction or monitoring direction; and

(daa)  comply with any reasonable direction under section 16B given to the prisoner; and

(db)  comply with every reasonable direction of a Corrective Services officer that is not directly inconsistent with a requirement of the order; and

Examples of direct inconsistency

If the only requirement under subsection (2) contained in a particular order is that the released prisoner must live at least 1km from any school—

1 A proposed direction to the prisoner would be directly inconsistent if it requires the released prisoner to live at least 2km from any school.

2 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner to live at least a stated distance from               something else, including, for example, children’s playgrounds, public parks, education and care service premises or QEC service premises.

3 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner not to live anywhere unless that place has been approved by a Corrective Services officer.

  1. (e)
    not leave or stay out of Queensland without the permission of a Corrective Services officer; and
  1. (f)
    not commit an offence of a sexual nature during the period of the order.
  1. (2)
    The order may contain any other requirement the court or a relevant appeal court considers appropriate—
  1. (a)
    to ensure adequate protection of the community; or

Examples for paragraphs (a)—  

 a requirement that the prisoner must not knowingly reside with a convicted sexual offender

 a requirement that the prisoner must not, without reasonable excuse, be within 200m of a school

 a requirement that the prisoner must wear a device for monitoring the prisoner’s location

  1. (b)
    for the prisoner’s rehabilitation or care or treatment.”
  1. [20]
    Section 13A deals with fixing the term of the supervision order.  Section 13A provides:

13A Fixing of period of supervision order

  1. (1)
    If the court makes a supervision order, the order must state the period for which it is to have effect.
  1. (2)
    In fixing the period, the court must not have regard to whether or not the prisoner may become the subject of—
  1. (a)
    an application for a further supervision order; or
  1. (b)
    a further supervision order.
  1. (3)
    The period cannot end before 5 years after the making of the order or the end of the prisoner’s period of imprisonment, whichever is the later.”
  1. [21]
    Section 9AA provides that victims of the offending of a respondent to a DPSOA application may make submissions on a Division 3 application.  That section provides:

9AA Victim’s submission relating to division 3 order

 (1)  As soon as practicable after the court sets a date for the hearing of an application for a division 3 order, the chief executive must give written notice of the application and hearing date to the following eligible person—

  1. (a)
    subject to paragraph (b), the actual victim of the serious sexual offence for which the prisoner is serving a term or period of imprisonment;
  1. (b)
    if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian.
  1. (2)
    The notice must invite the eligible person to give to the chief executive, before the date stated in the notice, a written submission stating—
  1. (a)
    the person’s views about any division 3 order or conditions of release to which the prisoner should be subject; and
  1. (b)
    any other matters prescribed under a regulation.
  1. (3)
    It is sufficient compliance with subsection (1) for the chief executive to give the notice to the eligible person at the eligible person’s last-known address recorded in the eligible persons register.

(3A)  The chief executive must, before the hearing, give the Attorney-General—

  1. (a)
    if the chief executive received a submission from an eligible person in response to a notice given to the person under subsection (3)—the submission; or
  1. (b)
    information that the eligible person has not given a submission in response to the notice.
  1. (4)
    The Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date.

The medical evidence

  1. [22]
    By late 2012, the Prison Mental Health Service had noticed a general decline in the respondent.  He was behaving strangely, seemed to have poor memory and was having difficulty with personal hygiene.  The respondent had earlier been diagnosed with post-traumatic stress disorder (PTSD).  This was attributed to military service. The respondent’s decline though was thought more likely to be as a result of the onset of dementia rather than PTSD.
  2. [23]
    When Dr Harden examined the respondent in September 2018,[8] he noticed significant cognitive impairment which he thought was likely to be associated with dementia.  Dr Harden made provisional diagnoses of:
  1. (i)
    Major Neurocognitive Disorder; and
  2. (ii)
    Paedophilia.
  1. [24]
    On the issue of risk, Dr Harden thought:
  1. (i)
    the respondent’s risk of sexual recidivism was in the range of moderate or moderate to high;
  1. (ii)
    a supervision order would not reduce the respondent’s risk unless the respondent was capable of complying with the orders designed to reduce risk and that was doubtful;
  2. (iii)
    the respondent’s cognitive impairments were such that he may need to be housed in suitable secure accommodation; and
  3. (iv)
    the respondent must not have any contact with children.
  1. [25]
    Dr McVie examined the respondent on 27 April 2019.[9]  She diagnosed the respondent as suffering from:
  1. (i)
    Paedophilia;
  1. (ii)
    Post-traumatic stress disorder; and
  2. (iii)
    a dementing illness with cognitive deficits and poor functional abilities.
  1. [26]
    As to risk, Dr McVie thought:
  1. (i)
    the respondent’s risk of sexual violence is moderate;
  1. (ii)
    the respondent would require placement in a suitable secure accommodation; and
  2. (iii)
    with suitable secure accommodation and with a supervision order, the respondent’s risk would be reduced to low.
  1. [27]
    Dr Karen Brown saw the respondent on 25 May 2019.[10]  She diagnosed the respondent as suffering from:
  1. (i)
    Paedophilic disorder (non-exclusive type);
  1. (ii)
    Major Neurocognitive Disorder (dementia); and
  2. (iii)
    Post-traumatic stress disorder.
  1. [28]
    As to risk, Dr Brown considered:
  1. (i)
    the respondent’s risk of sexual reoffending was at least moderate;
  1. (ii)
    the respondent’s dementing illness is likely to raise the prospect of disinhibited behaviour and increased risk of offending.  She thought that the dementing illness may have contributed to the 2006 offence; and
  2. (iii)
    the respondent is likely to need 24 hour supervision in suitable secure accommodation.

Consideration of the issues

  1. [29]
    The first question is whether there is an unacceptable risk that the respondent will commit a serious sexual offence if released without a Division 3 order.[11]  If the answer to that is in the affirmative, then the respondent is a serious danger to the community in the absence of a Division 3 order.[12]
  2. [30]
    Here, the evidence all points to the conclusion that the respondent is an unacceptable risk of committing a serious sexual offence in the absence of a Division 3 order.  The relevant risk here is one of committing “an offence of a sexual nature against a child”.[13]  In particular:
  1. (i)
    the index offences were very serious;
  1. (ii)
    the index offences were committed over a lengthy period of time;
  2. (iii)
    the respondent suffers paedophilia;
  3. (iv)
    for various reasons explained in the material (and to which it is unnecessary to refer), the respondent has not undertaken sexual offender treatment programs and is therefore untreated;
  4. (v)
    the respondent is suffering from a worsening dementia;
  5. (vi)
    the 2006 offence against AW was spontaneous in nature and a contributing factor is likely to have been a lowered inhibition caused by advancing dementia; and
  6. (vii)
    as the dementia advances, the likelihood of spontaneous offending against children will increase.
  1. [31]
    The second issue is whether to:
  1. (i)
    make a detention order; or
  1. (ii)
    make a supervision order; or
  2. (iii)
    make no order.
  1. [32]
    There are no discretionary considerations here which would lead to the making of no order.  If the adequate protection of the community can be ensured by the making of a supervision order, then the making of a supervision order should be preferred to the making of a continuing detention order.[14]
  2. [33]
    Here, the evidence of the psychiatrists is that a supervision order cannot manage risk unless the respondent is housed in suitable secure accommodation.
  3. [34]
    The evidence is that there is now such accommodation available for the respondent as and from Monday 23 December 2019.
  4. [35]
    I accept the evidence of the psychiatrists that a supervision order conditional upon the respondent residing in suitable secure accommodation will reduce risk and I find that risk will be reduced to an acceptable level.
  5. [36]
    The supervision order should be in place while the respondent poses an unacceptable risk if not supervised.[15]
  6. [37]
    Here, the evidence of the psychiatrists, which I accept, is that the respondent’s dementia contributes to risk by lowering inhibition.  The dementia will advance so risk will not reduce, at least until the respondent is incapacitated to the point where offending becomes unlikely.  His paedophilia will not resolve and he is incapable of completing treatment programs. The respondent is now 80 and therefore likely to be a risk for most of the remainder of his life.
  7. [38]
    It is appropriate to fix the duration of the supervision order at 10 years.
  8. [39]
    One of the survivors of the respondent’s offending made submissions pursuant to s 9AA of the DPSOA.  She submitted that the respondent remained a risk of reoffending and was therefore a risk to the community.  She is right about that.  The respondent cannot be released into the community.  However, for the reasons I have given, the respondent can, and should, be released on supervision into a secure environment where he will not have access to children.

Findings and orders

  1. [40]
    I find that the respondent is a serious danger to the community in the absence of a Division 3 order.
  2. [41]
    I find that the adequate protection of the community against the commission by the respondent of a serious sexual offence can be managed by a supervision order in terms of the Schedule to these reasons which includes a condition that the respondent reside in approved accommodation.  The only accommodation which will be approved by Queensland Corrective Services is suitable secure accommodation.
  3. [42]
    I make a supervision order in terms of the Schedule.

SUPREME COURT OF QUEENSLAND

SCHEDULE TO:

Attorney-General for the State of Queensland v WBG [2019] QSC 324

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND

(applicant)

v

WBG

(respondent)

SCHEDULE

THE COURT is satisfied that [the Respondent] is a serious danger to the community in the absence of an Order made under Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (the Act).

THE COURT ORDERS THAT [the Respondent] be released from custody:

  1. effective from time of his release, by 4:00pm on 23 December 2019, to a place approved by Queensland Corrective Services; and
  2. subject to the requirements of this supervision order for 10 years, until 23 December 2029.

TO [the Respondent]:

  1. You are being released from custody on the condition that you obey the rules in this supervision order.

If you do not obey these rules, you may be taken back into custody.

  1. You must obey these rules for the next 10 years.

Reporting and Supervision

  1. On the day you are released from custody, you must report to a Queensland Corrective Services officer at the Queensland Probation and Parole Office closest to your place of residence between 9am and 4pm, and advise the officer of your current name and address.
  2. After you are released from custody, you must report to, and receive visits from, a Queensland Corrective Services officer, when and where they tell you to.
  3. For the whole time you are under this order, you will be supervised by a Corrective Services officer. This means you must obey any reasonable direction that a corrective services officer gives you about:
  1. where you can live; and
  2. rehabilitation, care or treatment programs; and
  3. anything else, which is not directly inconsistent with this supervision order.
  1. If there is any change in your name, you must tell a Corrective Services officer at least two (2) business days before the change is going to happen.
  2. You will be under the supervision of a Queensland Corrective Services officer for the duration of this order.

No sexual offences

  1. You must not commit an offence of a sexual nature during the period of the order.

Where you must live

  1. Upon your release from custody, you must live at an address in Queensland as approved by a Corrective Services officer. You must obey any rules that apply to people who live there.
  2. You cannot live at another address unless, before you move to the other address, you have written permission from a Corrective Services officer to live at another place.

This also means you cannot stay overnight, or for a few days, or for a few weeks, at another place, without first obtaining permission from a Corrective Services officer.

  1. You must not leave or stay out of Queensland without the permission of a Corrective Services officer.

Curfew direction

  1. A Corrective Services officer may tell you to stay at a specific place (for example, where you live) for a specific period of time.

This is called a curfew direction. You must obey a curfew direction.

Monitoring direction

  1. A Corrective Services officer may tell you to:
    1. wear a device which tracks your location; and/or
    2. install a device or equipment at the place you live, which will monitor if you are there.

This is called a monitoring direction. You must obey a monitoring direction.

Contact with victims

  1. You must not contact or communicate with, or try to contact or communicate with, in any way (including by asking someone else to do this for you) any victim(s) of a sexual offence committed by you.

“Contact” means communicating with them in person, by telephone, on social media, or in any other way.

Disclosure of plans and associates

  1. Each week or as directed, you must discuss your plans for that week with a corrective services officer.  A Corrective Services officer may tell you how to do this (for example, in person or in writing).
  2. If directed by a Corrective Services officer, you must tell any person you associate with about:
    1. this supervision order; and
    2. your offence history.

A Corrective Services officer may contact your associates to verify you have told them.

Medical

  1. You must permit any medical, psychiatrist, psychologist, social worker, counsellor, allied health care professional or other mental health professional to disclose details of medication, treatment, intervention and opinions to Queensland Corrective Services.

Children

  1. You are not allowed to have any supervised or unsupervised contact with children under 16 years of age, unless you have written permission from a Corrective Services officer before the contact.

“Contact” means communicating with them in person, by telephone, on social media, or in any other way.

  1. You are not to visit or attend any location that children frequent without the prior written approval of a Queensland Corrective Services officer

Footnotes

[1]Section 9A

[2]Dated 14 December 2018.

[3]Dangerous Prisoners (Sexual Offences) Act 2003, ss 8, 11 and 12.

[4]Section 8.

[5]In which s 13 is located.

[6]Dangerous Prisoners (Sexual Offenders) Act 2003 s 2 and the dictionary which is the Schedule to the Act.

[7]See Attorney-General for the State of Queensland v Newman [2019] 2 Qd R 1.

[8]Which culminated in his report of 14 December 2018.

[9]Her report is dated 28 May 2019.

[10]Her report is dated 10 June 2019.

[11]Dangerous Prisoners (Sexual Offenders) Act 2003 s 13(2).

[12]Dangerous Prisoners (Sexual Offenders) Act 2003; and as to the approach to applying s 13, see the observations of McMurdo J (as his Honour then was) in Attorney-General for the State of Queensland v Sutherland [2006] QSC 268 at [26]-[30].

[13]Dangerous Prisoners (Sexual Offenders) Act 2003; definition of “serious sexual offence”.

[14]Attorney-General for the State of Queensland v Francis [2007] 1 Qd R 396 at [39].

[15]Attorney-General for the State of Queensland v KAH [2019] QSC 36 at [68]-[72].

Close

Editorial Notes

  • Published Case Name:

    Attorney-General for the State of Queensland v WBG

  • Shortened Case Name:

    Attorney-General v WBG

  • MNC:

    [2019] QSC 324

  • Court:

    QSC

  • Judge(s):

    Davis J

  • Date:

    20 Dec 2019

Litigation History

Event Citation or File Date Notes
Primary Judgment [2019] QSC 324 20 Dec 2019 Attorney-General's application for an order under section 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003; respondent determined to be a serious danger to the community in the absence of a Division 3 order; respondent released from custody subject to the requirements of a supervision order: Davis J.

Appeal Status

No Status