Lawrence v Attorney-General (Qld)

[2017] QCA 27

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Sentencing orders
4. › Dangerous sexual offenders
5. › Continuing detention order
6. › Annual review
7. › Whether adequate protection of community could be managed by supervision order
8. › Whether primary judge's credibility findings vitiated expert evidence
9. › Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), ss 13(4), 27, 30
1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Credibility findings by trial judge
5. › Whether appellate court should interfere with credibility assessment
6. › Advantage of seeing and hearing witnesses

Quick Take

Where expert psychiatric opinions about the risk of reoffending and the efficacy of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) are predicated on the truthfulness of a prisoner's self-reporting, the trial judge's adverse credibility findings about that self-reporting can deprive the expert opinions of their force, justifying a continuing detention order notwithstanding expert evidence favouring release on supervision.