A-G (Qld) v Lawrence

[2011] QCA 347

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Sentencing orders
4. › Orders and declarations relating to dangerous sexual offenders
5. › Review of continuing detention order
6. › Whether supervision order would ensure adequate protection of the community
7. › Whether primary judge erred in accepting respondent's self-reports about condition
8. › Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), ss 13(5), 27, 29, 30, 43
1. Appeal
2. › General civil appeal
3. › Appeal from discretionary decision
4. › Standard of appellate review
5. › Whether primary judge acted on wrong principle or failed to take material consideration into account
6. › Whether appellate court may interfere with findings based on credibility
7. › House v The King (1936) 55 CLR 499
8. › Fox v Percy (2003) 214 CLR 118

Quick Take

When assessing whether a supervision order will 'ensure adequate protection of the community' under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the court must weigh both the likelihood of re-offending and the consequences if the risk materialises. A moderate risk of committing life-threatening violent sexual offences may be insufficient to satisfy the statutory test. Psychiatric risk assessments that are conditional on the accuracy of the offender's self-reports must be treated with caution where there is substantial evidence of the offender's unreliability as an historian.