A-G for Qld v WW

[2007] QCA 334

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Dangerous prisoners
3. › Sexual offenders
4. › Division 3 orders
5. › Whether supervision order or continuing detention order appropriate
6. › Discretionary judgment
7. › Whether primary judge erred in exercise of discretion
8. › Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 13(5)
1. Criminal Law
2. › Dangerous prisoners
3. › Sexual offenders
4. › Supervision orders
5. › Conditions of release
6. › Whether court entitled to assume supervision will be provided
7. › Whether breach of conditions likely to be detected before re-offending
8. › Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), ss 13(5)(b), 16(2)(f)
1. Appeal
2. › General civil appeal
3. › Appeal against exercise of discretionary judgment
4. › Whether appellant demonstrated error in exercise of discretion

Quick Take

A primary judge's finding that re-offending would likely be preceded by detectable breaches of supervision conditions is a permissible factual finding relevant to the statutory test, not an impermissible additional test under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). Courts are entitled to assume that ordered supervision will be supplied when deciding between a supervision order and a continuing detention order.