On an application to stay an order releasing a dangerous prisoner on a supervision order pending appeal under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the critical factor is the magnitude of the risk that the prisoner might commit a serious sexual offence before the appeal is heard, balanced against the prisoner's right to liberty and the benefit of the judgment below. The applicant must show the appeal is arguable on substantial grounds and that the benefit of a successful appeal may be lost without a stay. The risk of committing other offences or breaching supervision conditions is irrelevant except insofar as it indicates an increased risk of sexual reoffending.
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