Attorney-General for the State of Queensland v Waghorn [2025] QSC 278

SUPREME COURT OF QUEENSLAND CITATION: Attorney-General for the State of Queensland v Shane Charles Waghorn [2025] QSC 278 PARTIES: ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v SHANE CHARLES WAGHORN (respondent) FILE NO/S: BS 1358/06 DIVISION: Trial Division PROCEEDING: Application ORIGINATING COURT: Supreme Court of Queensland at Brisbane DELIVERED ON: 28 October 2025 DELIVERED AT: Brisbane HEARING DATE: 20 October 2025 JUDGE: Callaghan J ORDER: 1. Pursuant to s 30(5) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (the Act), the continuing detention order of Callaghan J made on 5 April 2024 be rescinded; and 2. The respondent be released from prison and must follow the rules in this supervision order, which is expressed in the terms contained in Annexure A of this judgment, for 10 years, until 28 October 2035. CATCHWORDS: CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the applicant seeks, under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), to detain the respondent in custody for an indefinite term, for care, control or treatment – where the applicant, in the alternative, seeks for the respondent to be released from custody subject to a supervision order – where the respondent submits that he should be released from custody subject to a supervision order – whether the respondent’s release from custody on a supervision order would provide adequate protection to the community against the commission of a serious sexual offence – where the respondent’s release from -- 1 of 12 -- 2 custody on a supervision order would be contingent upon the respondent being housed in accommodation that is supported and subject to a 24-hour regime of supervision – where no such accommodation is available. COUNSEL: J Tate for the applicant L Reece for the respondent SOLICITORS: Crown Law for the applicant Legal Aid Queensland for the respondent Background [1] This is an application under Division 5 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (‘the Act’). [2] In Attorney-General for the State of Queensland v Shane Charles Waghorn [2024] QSC 52,1 I made an order pursuant to s 22(2) of the Act that the respondent be detained in custody for an indefinite term for control, care or treatment. [3] In the course of arriving at that decision, I noted that the respondent (now 65 years of age) has a criminal history involving sexual offences against children. He has also previously demonstrated disregard for orders of the court. The criminal history, and particulars of the respondent’s lengthy relationship with the Act, are canvassed in Attorney-General for the State of Queensland v Waghorn [2018] QSC 23 per Boddice J (as His Honour then was) between paragraphs [4] and [13].2 [4] The respondent has engaged in some treatment since that order was made. For the most part, he has done so cooperatively. However, despite focussed intervention, his treating psychologist, Dr Hatzipetrou, observes ongoing evidence of minimisations, denials and justifications for his offending. This includes the respondent’s own contention that he is not a risk. His treating psychiatrist, Dr Arthur, confirms that he has been compliant with his anti-libidinal medication and the respondent in effect asserts his impotence would be a protective factor against recidivism. Unfortunately, as Dr Arthur observes, the respondent has a well documented history of deceitful behaviour that creates hesitancy before such reports can be accepted at face value. [5] Mr Waghorn has also maintained that his strategy for not offending again was his faith in God, as reflected in his study of the Bible. The routine has been disrupted after an incident that occurred on 14 July 2025.3 He told a female prison chaplain that he wanted to brush her hair. He is also reported to have said that he wanted to lie down with her, although things said from the dock during the hearing may indicate this aspect of the event is disputed. However it happened, the episode is interpreted fairly as an attempt at intimacy which was of course rejected. He has presented now as rejecting religious activities and stopped reading his Bible. [6] The most recent incident was, in comparison to the respondent’s criminal activities, relatively benign, but his reaction to rejection has always been a source of concern. 1 Attorney-General for the State of Queensland v Shane Charles Waghorn [2024] QSC 52 at [2]. 2 Ibid [4]-[13]. 3 Affidavit of E Wildermoth affirmed 10 October 2025, EW-4 “Incident Report (415910 – 14 July 2025), page 23. -- 2 of 12 -- 3 [7] Further, it betrays the lack of the insight that is a prerequisite to progress within the DPSOA system. The respondent’s unwillingness to confront his own behaviour is a consistent theme that runs throughout the by now voluminous materials which are adduced in these applications. It has to be said that his prospects of removing himself from a corrective services regime appear remote in the extreme, and, as a result of the requirement for his situation to be reviewed annually, his name will remain a fixture in the law list for the foreseeable future. [8] The terrifying nature of his criminal conduct, his lack of insight and failure to progress within a treatment regime combine to compel the conclusion that Mr Waghorn remains a serious danger to the community if he is released from custody without a supervision order being made. That is the opinion shared by Dr Brown and Dr McVie who both gave evidence for the purposes of this application. [9] That is, it is necessary to conclude that there is a high degree of probability, established by acceptable cogent evidence, that he will commit a serious sexual offence in the absence of either a continuing detention order or a supervision order. [10] As to the choice between those options, there was again consensus in the opinion evidence. Dr Brown and Dr McVie agreed that the requisite degree of protection could be achieved by way of a supervision order – on the basis it was one which enabled Queensland Corrective Services (‘QCS’) to require the respondent to live at the area known as “the Precinct”4 and remain there, in effect, on a 24-hour curfew which could be enforced by way of an electronic monitoring device. This is what was described in evidence as a “level I” classification of prisoners who are released to that district. [11] It has been suggested that level I existence amounts to “prison in the community” but it does afford prisoners opportunities that they do not get in jail. It is also true that the respondent has previously lived a level I existence in the Precinct for a sustained period, only then to breach the terms of his supervision order and be returned to prison. None of that, is however a reason to refrain from applying the legislation to the evidence, and the result of that exercise favours the release of the respondent on a supervision order. [12] There were, however, aspects of the case that had to be addressed before any such order was made. [13] There are some issues about the respondent’s ability to function if accommodated at the Precinct. He will have to do, for himself, much that is done for him in prison, such as meal preparation. Such tasks will be difficult for him because he suffers from a number of issues, to the extent that he is eligible for NDIS funding. [14] QCS places upon itself restrictions which prevent NDIS workers from attending the Precinct. These will make the administration of a supervision order more difficult than they need to be. That finding invited comparison between this case and Attorney- General (Qld) v ZBA [2025] QSC 241.5 The cases are, however, distinguishable. Even 4 The whole concept of “the Precinct” bears examination. Section 16(2)(a) of the Act proffers, as a means of ensuring community protection, the merit of an order that prohibits a prisoner form knowingly residing with a convicted sexual offender. A placement at the Precinct compels them to do just that. 5 Attorney-General (Qld) v ZBA [2025] QSC 241. -- 3 of 12 -- 4 if appropriate accommodation was available in the community, the level of risk posed by the respondent is such that his placement anywhere other than the Precinct is not at present within contemplation. [15] The challenges faced by the respondent and the limitations attending the Precinct therefore draw attention to s 30(4) of the Act. [16] Section 30(4)(a) was addressed by the clear evidence of the doctors to the effect that the adequate protection of the community would be ensured if the respondent is released to the Precinct. [17] The consideration demanded in s 30(4)(b) began with examination of the draft order proffered during the hearing. It contained the requirements contemplated under s 16. This included many that were additional to the mandatory requirements reflected in s 16(1) – those are all readily identifiable as being reasonably and practicable managed by a corrective services officer. [18] That is not as easily said about some of the other requirements incorporated into the order pursuant to s 16(2). There may well be a need for flexibility and special consideration to be given to the way in which these requirements are managed. Some original – or at least lateral – thinking may be required. For example, I was told that the respondent currently enjoys the services of a “carer” in prison. That is, within the scheme of employment that can be offered to serving prisoners, someone is being paid to perform certain functions for the respondent. This is not, I was told, something that has been done for or by prisoners at the Precinct, but the reasons for that did not seem to me to present an insurmountable obstacle to the possibility of some such arrangement being explored. Similarly, some sort of thought might be given to the way in which the respondent’s substantial NDIS package might be accessed for at least some of the respondent’s needs, even whilst acknowledging the security concerns held by QCS and its policy that precludes NDIS workers from entering the Precinct. [19] I am not required to and will not get into granular analysis of the way in which the whole situation might be made to work. For current purposes it is sufficient to note that the draft order presented at the hearing was not suggested by either party to contain any condition that was not reasonably and practicably manageable. The evidence did not allow for any such submission to be made. In fact, the respondent’s treating psychiatrist, Dr Arthur, who is well known to this court and allowed by the parties to be as familiar with the Precinct as anyone, expressed the view in his report of 6 June 2025 that he believed the respondent “would be capable of residing at the [P]recinct if required”. I identify that evidence in particular for the purposes of making clear that s 30(4)(b)(ii) has, as is required by the Act, been considered. [20] The situation may be far from ideal, but nothing about Mr Waghorn’s circumstances is or ever will be. The order of the court will be that: (a) Pursuant to s 30(5) of the Dangerous Prisoners (Sexual Offenders) Act 2003, the continuing detention order of Callaghan J made on 5 April 2024 be rescinded; and -- 4 of 12 -- 5 (b) The respondent be released from prison and must follow the rules in this supervision order, which is expressed in the terms contained in Annexure A of this judgment, for 10 years, until 28 October 2035. -- 5 of 12 -- 6 Annexure A Conditions of supervised release:- 1. You are being released from prison but only if you obey the rules in this supervision order. 2. If you break any of the rules in this supervision order, the police or Queensland Corrective Services have the power to arrest you. Then the Court might order that you go back to prison. 3. You must obey these rules for the next 10 years. Reporting 4. On the day you are released from prison, you must report before 4:00 pm to a corrective services officer at the Community Corrections office closest to where you will live. You must tell the corrective services officer your name and the address where you will live. 5. A corrective services officer will tell you the times and dates when you must report to them. You must report to them at the times they tell you to report. A corrective services officer might visit you at your home. You must let the corrective services officer come into your house. To “report” means to visit a corrective services officer and talk to them face to face. Supervision 6. A corrective services officer will supervise you until this order is finished. This means you must obey any reasonable direction that a corrective services officer gives you about: a) where you are allowed to live; and b) rehabilitation, care or treatment programs; and c) using drugs and alcohol; and d) who you may or may not have contact with; and e) anything else, except for instructions that mean you will break the rules in this supervision order. A “reasonable direction” is an instruction about what you must do, or what you must not do, that is reasonable in that situation. If you are not sure about a direction, you can ask a corrective services officer for more information, or talk to your lawyer about it. 7. You must answer and tell the truth if a corrective services officer asks you about where you are, what you have been doing or what you are planning to do, and who you are spending time with. 8. If you change your name, where you live or any employment, you must tell a corrective services officer at least two business days before the change will happen. -- 6 of 12 -- 7 A “business day” is a week day (Monday, Tuesday, Wednesday, Thursday and Friday) that is not a public holiday. No offences 9. You must not break the law by committing a sexual offence. 10. You must not break the law by committing an indictable offence. Where you must live 11. You must live at a place approved by a corrective services officer. You must obey any rules that are made about people who live there. 12. You must not live at another place. If you want to live at another place, you must tell a corrective services officer the address of the place you want to live. The corrective services officer will decide if you are allowed to live at that place. You are allowed to change the place you live only when you get written permission from a corrective services officer to live at another place. This also means you must get written permission from a corrective services officer before you are allowed to stay overnight, or for a few days, or for a few weeks, at another place. 13. You must not leave Queensland. If you want to leave Queensland, you must ask for written permission from a corrective services officer. You are allowed to leave Queensland only after you get written permission from a corrective services officer. Curfew direction 14. A corrective services officer has power to tell you to stay at a place (for example, the place you live) at particular times. This is called a curfew direction. You must obey a curfew direction. Monitoring direction 15. A corrective services officer has power to tell you to: a) wear a device that tracks your location; and b) let them install a device or equipment at the place you live. This will monitor if you are there. This is called a monitoring direction. You must obey a monitoring direction. Employment or study 16. You must get written permission from a corrective services officer before you are allowed to start a job, start studying or start volunteer work. 17. When you ask for permission, you must tell the corrective services officer these things: a) what the job is; -- 7 of 12 -- 8 b) who you will work for; c) what hours you will work each day; d) the place or places where you will work; and e) (if it is study) where you want to study and what you want to study. 18. If a corrective services officer tells you to stop working or studying you must obey what they tell you. Motor vehicles 19. You must not obtain or possess a driver’s licence without the written approval of a corrective services officer, in consultation with your treating psychologist or treating psychiatrist. 20. You must not own, borrow or hire a vehicle without the prior written approval of a corrective services officer, in consultation with your treating psychologist or treating psychiatrist. 21. You must tell a corrective services officer the details (make, model, colour and registration number) about any vehicle you own, borrow or hire, if prior written approval of a corrective services officer is obtained. You must tell the corrective services officer these details immediately (on the same day) you get the vehicle. A vehicle includes a car, motorbike, ute or truck. Mobile phone 22. You are only allowed to own or have (even if you do not own it) one mobile phone. You must tell a corrective services officer the details (make, model, phone number and service provider) about any mobile phone you own or have within 24 hours of when you get the phone. 23. You must give a corrective services officer all passwords and passcodes for any mobile phones you own or have. You must let a corrective services officer look at the phone and everything on the phone. 24. You must not hide, delete or encrypt any data that is stored on your electronic devices, including your current mobile phone, without prior approval from a corrective services officer. Data includes, but is not limited to, contacts, browsing history, applications, emails, pictures or videos, text messages, call history or any other type of communication or electronic media contained on your device. 25. You must not download, install, obtain or by any other means access, utilise or conduct searches for devices, software, applications or web-based services designed to: a) anonymise or hide activity; b) encrypt data, communications or activity; c) provide ‘vault’ or ‘cloud’ access; d) remove, delete or wipe information or usage (either locally or remotely); or -- 8 of 12 -- 9 e) provide any other capability not specifically outlined above which is designed to minimise your digital footprint, delete or conceal activity by any means either locally or online, or in any way reduce the ability for examinations to accurately review activity undertaken on any device you own, possess or have access to. This includes, but is not limited to, Virtual Private Networks (VPNs), Cache Cleaner applications and Private Browsers. Computers and internet 26. You must not purchase, obtain, or have in your possession a computer, mobile phone or any other device that is able to access the internet without prior written permission from a corrective services officer. 27. You must get written permission from a corrective services officer before you are allowed to use a computer, phone or other device to access the internet. 28. You must give a corrective services officer any password or other access code you know for the computer, phone or other device. You must do this within 24 hours of when you start using the computer, phone or other device. You must let a corrective services officer look at the computer, phone or other device and everything on it. 29. You must give a corrective services officer details (including user names and passwords) about any email address, instant messaging service, chat rooms, or social networking sites that you use. You must do this within 24 hours of when you start using any of these things. No contact with any victim 30. You must not contact or try to contact any victim(s) of a sexual offence committed by you. You must not ask someone else to do this for you. “Contact” means any type of communication, including things like talking, texting, sending letters or emails, posting pictures or chatting. You must not do any of these things in person, by telephone, computer, social media or in any other way. Rules about alcohol and drugs 31. You are not allowed to take (for example, swallow, eat, inject, or sniff) any alcohol. You are also not allowed to have with you or be in control of any alcohol. 32. You are not allowed to take (for example, swallow, eat, inject, smoke or sniff) any illegal drugs. You are also not allowed to have with you or be in control of any illegal drugs. 33. You are not allowed to take (for example, swallow, eat, vape, smoke or sniff) tetrahydrocannabinol (THC) in any form, prescribed or non-prescribed. You are also not allowed to have with you or be in control of any of any products / substances that contain tetrahydrocannabinol (THC). -- 9 of 12 -- 10 34. A corrective services officer has the power to tell you to take a drug test or alcohol test. You must take the drug test or alcohol test when they tell you to. You must give them some of your breath, spit (saliva) or pee (urine) when they tell you to do this. 35. You are not allowed to go to pubs, clubs, hotels or nightclubs which are licensed to supply or serve alcohol. If you want to go to one of these places, you must first get written permission from a corrective services officer. If you do not get written permission, you are not allowed to go. 36. You are not allowed to visit any business that is only licensed to supply alcohol. If you want to go to one of these places, you must first get written permission from a corrective services officer. If you do not get written permission, you are not allowed to go. Rules about medicine 37. You must tell a corrective services officer about any medicine that a doctor prescribes (tells you to buy). You must also tell a corrective services officer about any over the counter medicine that you buy or have with you. You must do this within 24 hours of seeing the doctor or buying the medicine. 38. You must take prescribed medicine only as directed by a doctor. You must not take any medicine (other than over the counter medicine) which has not been prescribed for you by a doctor. Anti-libidinal treatment 39. If prescribed anti-libidinal medication by your treating psychiatrist or doctor, you must take the medication at the dosage and frequency as prescribed to you. 40. You must not change the type, dosage, or frequency of the anti-libidinal medication, unless that is approved by your treating psychiatrist or doctor and advised to a corrective services officer. 41. You must comply with any blood or investigative testing in relation to your anti- libidinal treatment, as directed by your treating psychiatrist. 42. If prescribed anti-libidinal medication by your treating psychiatrist or doctor, you must let your treating psychiatrist or doctor provide information to a corrective services officer about the administration of the anti-libidinal treatment. 43. You must consult with your treating psychiatrist before changing or ceasing your anti-libidinal treatment. Rules about rehabilitation and counselling 44. You must obey any direction a corrective services officer gives you about seeing a doctor, psychiatrist, psychologist, social worker or other counsellor. 45. You must obey any direction a corrective services officer gives you about participating in any treatment or rehabilitation program. -- 10 of 12 -- 11 46. You must let corrective services officers get information about you from any treatment or from any rehabilitation program. Speaking to corrective services about what you plan to do 47. You must talk to a corrective services officer about what you plan to do each week. A corrective services officer will tell you how to do this (for example, face to face or in writing). 48. You must also tell a corrective services officer the name of new persons you have met. This includes: spend time with, work with, make friends with, see or speak to (including by using social media or the internet) regularly. 49. You may need to tell new contacts about your supervision order and offending history. The corrective services officer will instruct you to tell those persons and the corrective services officer may speak to them to make sure you have given them all the information. Contact with children 50. You are not allowed to have any contact with children under 16 years of age. If you want to have supervised or unsupervised contact with a child under 16 years of age you must first get written permission from a corrective services officer. If you do not get written permission, you are not allowed to have contact with the child. “Contact” means any type of communication, including things like talking with them face-to-face, texting, sending letters or emails, posting pictures or chatting, using a telephone, computer, social media or in any other way. “Supervised” means having contact with the child while another person is with you and the child. “Unsupervised” means having contact with the child while there is no other person with you and the child. 51. If you have any repeated contact (that is, more than one time) with a parent, guardian or carer of a child under the age of 16, you must: a) tell the person(s) about this supervision order; and b) tell a corrective services officer the details of the person(s). You must do this immediately. This means you have to tell the person, and tell a corrective services officer, on the same day you have contact with the person. 52. Queensland Corrective Services has power to give information about you, and about this supervision order, to any parent, guardian or caregivers that you have contact with. -- 11 of 12 -- 12 53. Queensland Corrective Services also has power to give information about you, and about this supervision order, to an external agency (such as the Department of Child Safety). 54. You must not: a) be within 100 metres of any school or childcare centre; b) be in a place where there is a children’s play area or child minding area; c) go to a public park; d) go to a shopping centre; e) join any club or organisation in which children are involved; f) participate in any club or organisation in which children are involved. If you want to do any of these things, you must first get written permission from a corrective services officer. If you do not get written permission, you cannot do any of these things. Offence Specific Conditions 55. You must not collect photos/videos/magazines which have images of children in them without prior approval of a corrective services officer. If you have any you may be asked to get rid of them by a corrective services officer. 56. You are not to get child exploitation material or images of children on a computer or phone from the internet. 57. You cannot get or look at pornographic material of any type without written approval from a corrective services officer. Your treating psychologist may provide advice regarding this approval. This includes pictures on a computer, photographs, movies, or magazines. 58. You must develop a management plan with your psychologist or psychiatrist to address any risk of sexual re-offence. You must talk about this with a corrective services officer when asked. 59. You must advise your case manager of any personal relationships you have started. -- 12 of 12 --