Attorney-General v Bewert[2013] QSC 98

CITATION:

Attorney-General (Qld) v Bewert [2013] QSC 98

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
HENRY BEWERT
(respondent)

FILE NO/S:

BS 13210 of 2010

DIVISION:

Trial Division

PROCEEDING:

Application for review

DELIVERED ON:

8 April 2013

DELIVERED AT:

Brisbane 

HEARING DATE:

8 April 2013

JUDGE:

Philip McMurdo J

ORDER:

1. The decision made on 10 May 2011, that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the Act, be affirmed;
2. The continuing detention order made on 10 May 2011 be rescinded; and
3. The respondent be released from custody to be subject to the following requirements until 8 April 2023:

The respondent must:

1. report to a Corrective Services officer at the Queensland Corrective Services Probation and Parole Office closest to his place of residence between 9am and 4pm on the day of release from custody and at that time advise the officer of his current name and address;
2. report to, and receive visits from, a Corrective Services officer as directed by the court or relevant appeal court;
3. notify a Corrective Services officer of every change of his name, place of residence or employment at least two (2) business days before the change happens;
4. be under the supervision of a Corrective Services officer for the duration of the order;
5. comply with a curfew direction or monitoring direction;
6. comply with any reasonable direction under section 16B of the Act given to him;
7. comply with every reasonable direction of a Corrective Services officer that is not directly inconsistent with a requirement of the order;
8. not leave or stay out of Queensland without the permission of a Corrective Services officer;
9. not commit an offence of a sexual nature during the period of the order;
10. seek permission and obtain approval from a Corrective Services officer prior to entering into an employment agreement or engaging in volunteer work or paid or unpaid employment;
11. notify a 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 at least two (2) days prior to commencement or any change;
12. reside at a place within the State of Queensland as approved by a Corrective Services officer by way of a suitability assessment and obtain written approval prior to any change of residence;
13. if this accommodation is of a temporary or contingency nature, must comply with any regulations or rules in place at this accommodation and demonstrate reasonable efforts to secure alternative, viable long term accommodation to be assessed for suitability by Queensland Corrective Services;
14. not reside at a place by way of short term accommodation including overnight stays without the permission of a Corrective Services officer;
15. respond truthfully to inquiries by a Corrective Services officer about his activities, whereabouts and movements generally;
16. not knowingly have any direct or indirect contact with a victim of his sexual offences;
17. disclose to a Corrective Services officer upon request the name of each person with whom he associates and respond truthfully to requests for information from a Corrective Services officer about the nature of the association, address of the associate if known, the activities undertaken and whether the associate has knowledge of his prior offending behaviour;
18. notify a 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;
19. submit to and discuss with a Corrective Services officer a schedule of his planned and proposed activities on a weekly basis or as otherwise directed;
20. if directed by a Corrective Services officer, make complete disclosure of the terms of this supervision order and the nature of his past offences to any person as nominated by a Corrective Services officer who may contact such persons to verify that full disclosure has occurred;
21. abstain from the consumption of alcohol and illicit drugs for the duration of this order;
22. submit to any form of drug and alcohol testing including both random urinalysis and breath testing as directed by a Corrective Services officer;
23. not visit licensed bars, licensed clubs and licensed nightclubs, without the prior written permission of a Corrective Services officer;
24. attend upon and submit to assessment, treatment, and/or medical testing by a psychiatrist, psychologist, social worker, counsellor or other mental health professional as directed by a Corrective Services officer at a frequency and duration which shall be recommended by the treating intervention specialist;
25. permit any medical, psychiatrist, psychologist, social worker, counsellor or other mental health professional to disclose details of treatment, intervention and opinions relating to level of risk of re-offending and compliance with this order to Queensland Corrective Services if such a request is made for the purposes of updating or amending the supervision order and/or ensuring compliance with this order;
26. attend any program, course, psychologist, social worker or counsellor, in a group or individual capacity, as directed by a  Corrective Services officer in consultation with treating medical, psychiatric, psychological or other mental health practitioners where appropriate;
27. develop a risk management plan in consultation with a treating psychologist or psychiatrist and discuss it as directed with a Corrective Services officer;
28. notify a Corrective Services officer when attending a hospital/emergency department;
29. advise a Corrective Services officer of the make, model and telephone number of any mobile telephone owned, possessed or regularly utilised by him within 24 hours of connection or commencement of use and includes reporting any changes to mobile telephone details;
30. take prescribed drugs only as directed by a medical practitioner and disclose details of all prescribed medication and all over-the-counter medication that he obtains to a Corrective Services officer as requested.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – SENTENCING – ORDERS – ORDERS AND DECLARATIONS RELATING – TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS – SEXUAL OFFENDER – GENERALLY – where evidence of psychologists initially adverse to making of supervision order – where evidence of psychologists was subsequently revised and now supportive of making supervision order – whether supervision order should be made

Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), ss 30, 48

COUNSEL:

M Maloney for the applicant
E MacGiollari for the respondent

SOLICITORS:

Crown Law for the applicant
Legal Aid Queensland for the respondent