The decision consolidates the principles governing stay applications under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), confirming that the magnitude of the risk of serious sexual offending is the critical factor, and that the prisoner's willingness to submit to the supervision regime and the impact of potential drug or alcohol use on reoffending risk are key considerations. Reference by the primary judge to the risk of the 'average sexual offender' was held to be arguably an irrelevant consideration under the DPSO Act.
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