Attorney-General for the State of Queensland v Forrest [2025] QSC 322

SUPREME COURT OF QUEENSLAND CITATION: Attorney-General for the State of Queensland v Forrest [2025] QSC 322 PARTIES: ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (Applicant) v DYLAN JAMES FORREST (Respondent) FILE NO/S: BS 6455/23 DIVISION: Trial Division PROCEEDING: Application ORIGINATING COURT: Supreme Court at Brisbane DELIVERED ON: Ex tempore reasons delivered 8 September 2025 DELIVERED AT: Brisbane HEARING DATE: 8 September 2025 JUDGE: Smith J ORDER: 1. Pursuant to s 30(1) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act), the decision of Freeburn J made on 6 November 2023, that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the Act, be affirmed. 2. Pursuant to s 30(5) of the Act, the continuing detention order made on 6 November 2023 be rescinded. 3. Pursuant to s 30(3)(b) of the Act, the respondent be released from custody and from that time be subject to the requirements set out in Annexure A for a period of five (5) years, until 8 September 2030. CATCHWORDS: CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFENDERS OR DANGEROUS SEXUAL OFFENDERS – GENERALLY – whether an order affirming that the respondent is a serious danger to community should be made – whether a continuing detention order or a supervision order should be made -- 1 of 12 -- 2 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) ss 13, 30 Attorney-General for the State of Queensland v Francis [2006] QCA 324; [2007] 1 Qd R 396, applied Fardon v Attorney-General for the State of Queensland [2004] HCA 46; (2004) 223 CLR 575, applied COUNSEL: J Tate for the applicant J Horne for the respondent SOLICITORS: Crown Law for the applicant Legal Aid Queensland for the respondent Introduction [1] The Attorney General has applied under Part 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act) that the continuing detention order of the respondent be reviewed. In this case, the Attorney submits that the evidence supports a finding that the respondent is a serious danger to the community in the absence of a Part 2 Division 3 order, but it is acknowledged that adequate protection of the community can be ensured by the making of a supervision order under s 30(3)(b) of the Act. [2] On 6 November 2023, Freeburn J declared the respondent to be a serious danger to the community and ordered he remain in custody for an indefinite term under a continuing detention order.1 [3] After the order was made, the respondent commenced the Getting Started Preparatory Program (GSPP) on 1 December 2023, which was completed on 6 February 2024. He then commenced a High Intensity Sex Offenders Program (HISOP) on 18 April 2024 which was completed on 23 April 2025. [4] The psychiatrists report that the respondent has antisocial, borderline and psychopathy traits together with a polysubstance use disorder (cannabis, alcohol and possibly methamphetamine). The respondent has been examined by Dr Timmins and Dr Brown for this review. There is no material change to his diagnosis. Relevant Offending history [5] The first group of offences committed by the respondent occurred in 2014 when he was 17. The complainant was his 15-year-old girlfriend. She was living with the respondent’s family and quickly formed a sexual relationship with the respondent. After about three weeks, the respondent started getting angry at the complainant regularly which extended to acts of physical violence. The sexual offences relate to consensual unprotected sex and other sexual activity between the respondent and the complainant. The assaults comprised physical violence by the respondent. On 27 February 2014, the victim informed her parents about the sexual abuse which was then reported to a youth worker and a complaint was made to the police. When the 1 Remarks of Freeburn J on 6 November 2023. -- 2 of 12 -- 3 matter came before Judge Noud, the respondent was sentenced to 18 months imprisonment with a declaration of time served. He was also sentenced to three years’ probation. [6] The second group of offences occurred in 2016. The respondent was 20. The victim was a 15-year-old female. He was found guilty of two counts of rape of the complainant by a jury. Dr Timmins [7] Dr Timmins in her report dated 3 August 2025 says that she interviewed the respondent on 10 July 2025. The respondent presently resides at the Wolston Correctional Centre. Dr Timmins noted that the exit report of the GSPP noted increased insight and responsibility for his sexual offending behaviour. Whilst he was unable to demonstrate empathy towards his victims, he was able to demonstrate general empathy towards others. There were attributes and distorted beliefs consistent with a borderline personality disorder.2 [8] He attended 114 sessions for the HISOP course. His participation did fluctuate during the course at times of interpersonal stressors and/or conflict. He was able to identify the high-risk factors of lack of communication, poor emotional management, sex for coping and sexual preoccupation. He was unwilling to discuss the specific offending behaviours and was reserved when it came to intimate partner violence.3 He was considered to have made some shifts in his general level of empathy towards others during treatment and demonstrated some insight into his coping with a tendency to engage in drugs, alcohol, sex and emotional suppression.4 Under risk management he was able to formulate a new future plan and demonstrated an understanding of his high risk factors and how they related to the offending pathway. He was open to areas of future development and was thought to be motivated to continue engaging with mental health professionals in a healthy way.5 [9] Dr Timmins confirmed the diagnosis of antisocial and borderline personality traits. But he did not meet the criteria for a personality disorder. There was also evidence of a polysubstance use disorder. [10] Using the psychopathy checklist, she thought the respondent was 25 out of 40 which falls short for the accepted score of 30 for a diagnosis of psychopathy. On the Static 99R test, he scored seven which is well above average or a high risk of reoffending in a sexual manner when compared with the sex offender population. On the RSVP test he was considered a moderate to high risk of reoffending if released into the community. [11] Dr Timmins noted that previously under the continuing detention order, the respondent had not really engaged in treatment for his sexual offending despite opportunities given to him. He has now undertaken the HISOP course over 12 months and although he found some sessions difficult and there were some avoidant behaviours, he has tried to overcome his difficulties and is more open in seeking 2 Page 14. 3 Page 15. 4 Page 16. 5 Page 16. -- 3 of 12 -- 4 assistance to manage himself and his emotions. He has not done this previously and went on to reoffend sexually. He is now a decade older and perhaps more aware of his problems. Another positive is that he has tried to undertake study and is amenable to ongoing individual psychological treatment. “In summary I am of the opinion that Mr Forrest will be at a high risk of reoffending in a sexual manner if released into the community at this time without a supervision order. He has now completed the HISOP and appears to be in a better place to move forward. If the court is of a mind to release Mr Forrest he will require significant support otherwise he is at risk of using substances and committing further sexual offending against underaged girls. He would benefit from stable accommodation. He should undergo regular and random drug and alcohol testing. He may respond favourably to rehabilitation services helping him to address his substance use.” [12] The doctor noted that he required treatment from a forensic psychologist, and he should engage in study, work and other appropriate activities. He should engage with a GP and start mirtazapine. He should not have access to children or parents of children. His relationships need close monitoring. His risk is likely to be modified to a moderate risk category if he complies with the order. She believed the respondent was likely to require an order of at least five years because he was a repeat sexual offender who has conduct offences against underage girls. Dr Brown [13] Dr Karen Brown in her report dated 4 August 2025 noted that she interviewed the respondent on 17 July 2025. She refers to the background and the respondent’s criminal history and the circumstances of the offences. She also referred to the Queensland Corrective Services file. [14] She also referred to Dr Beech’s report and Dr Timmins’ earlier report. Dr Brown diagnosed significant cluster B personality traits, referred to the previous diagnosis of the respondent and noted that he had a past diagnosis of mixed antisocial and borderline personality disorder and a substance use disorder. She did not diagnose a paraphilia as he had not offended against prepubescent female children. There was no evidence of violence associated with the sexual offending or other paraphilic type interest or behaviours. With respect to the Static 99R test, he scored eight which indicated his risk of sexual reoffending is in the well above average to high range. On the PCL-R, he was 19 out of 40 which was below the diagnosis of psychopathy. On the RSVP his risk profile had improved, and he demonstrated five risk factors and seven partial risk factors, as compared to 12 definite risk factors and four partials in 2023. She thought that the respondent was now more self-aware of the factors and processes that will place him at risk of sexual offending in the future and he no longer significantly minimises the offending. He has learned prosocial coping skills although these remain untested in the community or in the context of an intimate relationship. He has had major problems with alcohol and substances, although he is currently abstinent in prison and intends to remain so. He has had problems with establishing non-intimate relationships and his intimate relationships have been complicated by his personality disturbance. He has maintained employment in prison and is studying engineering. He has no problems with planning in general. He completed the sexual offender treatment program to an acceptable standard. -- 4 of 12 -- 5 [15] Dr Brown noted: “In my opinion the respondent’s unmodified risk of sexual and violent reoffending is at least moderate and possibly higher. Prior to his current imprisonment and for several years prior, he engaged in serial domestic violence and sexual offending. His risk factors include relative chronicity of his prior offending, cluster B personality vulnerabilities and his history of alcohol/substance use. I note that he does not have a paraphilia or psychopathy. Risk of sexual and violent offending would increase with intoxication and/or stress leading to an exacerbation of low self-esteem and feelings of inadequacy that the respondent would manage with the use of controlling and denigrating violent and sexually violence behaviours. Victims are most likely to be a vulnerable adult female (or possibly underaged) partner. There remains clear evidence of maturation since the offending (now 9 years ago) and he reports that he is less sexually preoccupied. His presentation has significantly improved in prison, such that he has maintained good behaviour, engaged in high level study, remained abstinent from substances and refrained from self-harm or violent behaviours. He initially sought to address his offending via a private psychologist. Additionally, following the making of a continuing detention order in 2023 he has now completed a sexual offending treatment program and his understanding of his offence pathway, and his risk factors have significantly improved. He has completed a relapse prevention plan and he has reasonable goals for the future, although ability to deal with setbacks and interpersonal stressors is untested and he remains vulnerable to personality disturbance in this context. I note that he has outstanding treatment needs in the areas of domestic and violent offending. In my view, release to a supervision order will reduce the risk to a below moderate and manageable level. He should continue with individual psychological treatment, and he should also participate in a domestic violence program. He should be abstinent from alcohol/substances and his relationships should be monitored. He should be recommenced on mirtazapine and referred to a psychiatrist if his mental health deteriorates. If possible, the conditions of the supervision order should not prevent Mr Forrest from achieving his studies/occupational goals. Should the court make a supervision order, I will recommend a duration of five years.” Discussion [16] On the evidence placed before me, I am satisfied to the required standard that the respondent is a serious danger to the community in the absence of a Part 2 Division 3 order. [17] I have reached that conclusion because of the respondent’s primary diagnosis of antisocial, borderline and psychopathic traits together with a polysubstance use disorder. His unmodified risk of serious sexual offending remains at a high level according to Dr Timmins and at least moderate and possibly higher according to Dr Brown. His risk is one of sexual assault or rape of an adolescent or vulnerable female. -- 5 of 12 -- 6 [18] In those circumstances, I consider the matters mentioned in s 13(4) and I am satisfied that by acceptable and cogent evidence and to a high degree of probability, the evidence is of sufficient weight to justify the decision that the respondent is a serious danger to the community in the absence of an order. When I consider the matter of review, I need to have regard to s 30 of the Act. In particular, the paramount consideration is the adequate protection of the community. In terms of the expression “unacceptable risk,” this is not defined and requires the striking of a balance.6 [19] The question then becomes whether an order should be made for continuing detention or supervision. In Attorney-General for the State of Queensland v Francis7, the court said: “[39] The Act does not contemplate that arrangements to prevent such a risk must be “watertight”; otherwise orders under s 13(5)(b) would never be made. The question is whether the protection of the community is adequately ensured. If supervision of the prisoner is apt to ensure adequate protection, having regard to the risk to the community posed by the prisoner, then an order for supervised release should, in principle, be preferred to a continuing detention order on the basis that the intrusions of the Act upon the liberty of the subject are exceptional, and the liberty of the subject should be constrained to no greater extent than is warranted by the statute which authorised such constraint.” [20] In this particular case, when I consider the reports of both experts, I find that adequate protection of the community can be ensured by the making of a supervision order for a period of five years. Orders 1. Pursuant to s 30(1) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act), the decision of Freeburn J made on 6 November 2023, that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the Act, be affirmed. 2. Pursuant to s 30(5) of the Act, the continuing detention order made on 6 November 2023 be rescinded. 3. Pursuant to s 30(3)(b) of the Act, the respondent be released from custody and from that time be subject to the requirements set out in Annexure A for a period of five (5) years, until 8 September 2030. 6 Fardon v Attorney-General for the State of Queensland [2004] HCA 46; (2004) 223 CLR 575 at pages 60 and 225. 7 [2006] QCA 324; [2007] 1 Qd R 396 at [39]. -- 6 of 12 -- 7 ANNEXURE A To Dylan James Forrest: 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 five (5) years. Reporting 4. On the day you are released from prison, you must report before 4 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 office 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. -- 7 of 12 -- 8 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 or an act of domestic violence. 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: -- 8 of 12 -- 9 a) What the job is; 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 tell a corrective services officer the details (make, model, colour and registration number) about any vehicle you own, borrow or hire. 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 20. 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. 21. 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. 22. 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: • anonymise or hide activity; • encrypt data, communications or activity; • provide ‘vault’ or ‘cloud’ access; • remove, delete or wipe information or usage (either locally or remotely); or • 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. 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. -- 9 of 12 -- 10 Computers and internet 24. 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. 25. 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. 26. 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. 27. 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 within any victim 28. 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. 29. You must not contact or try to contact any victim(s) of a domestic violence offence committed by you, unless written permission is provided by a corrective services officer. You must not ask someone else to do this for you. Rules about alcohol and drugs 30. 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. 31. 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), pee (urine) or blood when they tell you to do this. 32. 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). 33. 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. -- 10 of 12 -- 11 34. 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 35. You must tell a corrective services officer about any medicine that a doctor prescribes (tells you to buy) and any change to the type, dosage, or frequency of the medication. 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. 36. 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. Rules about rehabilitation and counselling 37. You must obey any direction a corrective services officer gives you about seeing a doctor, psychiatrist, psychologist, social worker or other counsellor. 38. You must obey any direction a corrective services officer gives you about participating in any treatment or rehabilitation program. 39. 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 40. 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). 41. 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. 42. 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 43. You are not allowed to have any contact with children aged 12 to 16 years. If you want to have supervised or unsupervised contact with a child aged 12 to 16 years, 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. -- 11 of 12 -- 12 “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. 44. If you have any repeated contact (that is, more than one time) with a parent, guardian or carer of a child aged 12 to 16 years, 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. 45. 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. 46. 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). 47. You must not: a) be within 100 metres of any school with a cohort of students aged 12 to 16 years; b) go to a shopping centre; c) join any club or organisation in which children aged 12 to 16 years are involved; d) participate in any club or organisation in which children aged 12 to 16 years 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. Other specific requirements 48. 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. 49. You must advise your case manager of any personal relationships you have started, including online relationships. -- 12 of 12 --