Attorney-General for the State of Queensland v Vizzard [2021] QSC 5

SUPREME COURT OF QUEENSLAND CITATION: Attorney-General for the State of Queensland v Vizzard [2021] QSC 5 PARTIES: ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v SIMON BLAIR VIZZARD (respondent) FILE NO/S: BS No 8432 of 2015 DIVISION: Trial Division PROCEEDING: Application ORIGINATING COURT: Supreme Court of Queensland at Brisbane DELIVERED ON: Orders made on 22 January 2021, reasons delivered on 12 February 2021 DELIVERED AT: Brisbane HEARING DATE: 22 January 2021 JUDGE: Davis J ORDER: IT IS DECLARED THAT pursuant to s 24(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003: 1. The period of the respondent’s supervision order made on 1 February 2016 (CFI 24) has been extended from 3 February 2021 to 11 June 2021. 2. The supervision order expires on 11 June 2021. 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 respondent is subject to a supervision order – where, during the currency of the supervision order, the respondent was held in custody for a period – where the applicant seeks a declaration that the duration of the supervision order has, by force of ss 23 and 24 of the Dangerous Prisoners (Sexual Offenders) Act 2003, been extended by a period equivalent to that during which the respondent was in custody – whether the effect of the operation of ss 23 and 24 of the DPSOA upon the supervision order ought be the subject of declaration -- 1 of 4 -- 2 Dangerous Prisoners (Sexual Offenders) Act 2003, s 13, s 16(1), s 16A, s 16B, s 16C, s 20, s 22, s 43AA Attorney-General for the State of Queensland v Ruhland (2020) 3 QR 449, followed COUNSEL: J Rolls for the applicant JC Johnsen for the respondent SOLICITORS: GR Cooper, Crown Solicitor for the applicant Legal Aid Queensland for the respondent [1] The respondent is subject to a supervision order made under s 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). During the currency of the supervision order, the respondent was held in custody for a period. The applicant sought a declaration that the duration of the supervision order has been extended by a period equivalent to that during which the respondent was in custody. [2] On 22 January 2021, I made the following declarations: “IT IS DECLARED THAT pursuant to s 24(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003: 1. The period of the respondent’s supervision order made on 1 February 2016 (CFI 24) has been extended from 3 February 2021 to 11 June 2021. 2. The supervision order expires on 11 June 2021.” History of the matter [3] On 1 February 2016, the respondent was made the subject of a supervision order until 3 February 2021. [4] The respondent failed to comply with the supervision order and on 8 March 2017 was arrested.1 He was charged with two offences against s 43AA(1) of the DPSOA, alleging contravention of the supervision order. [5] On 13 July 2017, in the Richland Magistrates Court, the respondent was convicted of the two offences against s 43AA(1) and sentenced to two months’ imprisonment on each charge suspended for a period of 12 months. By the time he was sentenced, the respondent had served 128 days in custody on remand. 1 Dangerous Prisoners (Sexual Offenders) Act 2003, s 20. -- 2 of 4 -- 3 Relevant statutory provisions [6] Sections 23 and 24 of the DPSOA provide as follows: “23 Application of division This division applies if, after being released from custody under a supervision order or interim supervision order, a released prisoner is sentenced to a term or period of imprisonment for any offence, other than an offence of a sexual nature. 24 Period in custody not counted (1) The released prisoner’s supervision order or interim supervision order is suspended for any period the released prisoner is detained in custody on remand or serving the term of imprisonment. (2) The period for which the released prisoner’s supervision order or interim supervision order has effect as stated in the order is extended by any period the released prisoner is detained in custody.” [7] Where a person subject to a supervision order is, during the currency of the supervision order, sentenced to a term of imprisonment for an offence other than an offence of a sexual nature, the time the person spends in custody, whether serving the terms of imprisonment or on remand, is, by force of s 24, added to the term of the supervision order. The period under which the person must be under supervision is extended by force of s 24 without exercise of judicial power. In other words, the court does not extend the period. The period under supervision is extended by force of the statute.2 Consideration [8] A supervision order vests significant powers upon Corrective Services officers,3 imposes significant obligations on the person subject to supervision4 and provides criminal sanction for breach5 and other consequences.6 It is therefore usually desirable to declare any time by which a supervision order is extended by force of ss 23 and 24 of the DPSOA. 2 Attorney-General for the State of Queensland v Ruhland (2020) 3 QR 449. 3 Dangerous Prisoners (Sexual Offenders) Act 2003, ss 16A, 16B, 16C. 4 Dangerous Prisoners (Sexual Offenders) Act 2003, ss 16(2), 16(1)(da), (daa), (db), 16(1)(c), 16(1)(e). 5 Dangerous Prisoners (Sexual Offenders) Act 2003, s 43AA. 6 Dangerous Prisoners (Sexual Offenders) Act 2003, ss 20 and 22. -- 3 of 4 -- 4 [9] Here the parties agreed that the effect of the respondent’s incarceration was to extend the supervision order from 3 February 2021 to 11 June 2021. The respondent did not resist the application. [10] In the circumstances, I considered it appropriate to make the declarations and did so. -- 4 of 4 --