Attorney-General for the State of Queensland v Wason [2019] QSC 329

SUPREME COURT OF QUEENSLAND CITATION: Attorney-General for the State of Queensland v Wason [2019] QSC 329 PARTIES: ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v VINCENT JOHN WASON (respondent) FILE NO/S: BS No 6452 of 2019 DIVISION: Trial Division PROCEEDING: Application ORIGINATING COURT: Supreme Court at Brisbane DELIVERED ON: Delivered ex tempore on 2 December 2019 Reasons published on 9 November 2020 DELIVERED AT: Brisbane HEARING DATE: 2 December 2019 JUDGE: Bradley J ORDER: The Court, being satisfied that Vincent John Wason is a serious danger to the community, orders that Vincent John Wason be released from prison and must follow the rules in the supervision order which is attached as Schedule A of these reasons for five years, until 14 December 2024, pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). 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 serving a seven-year term of imprisonment for attempted rape, which will expire on 14 December 2019 – where the respondent previously served, in full, a five-year term of imprisonment for attempted rape – where the evidence is the respondent has a “moderate to high” risk of sexual recidivism but that his risk could be reduced to “low to moderate” by a supervision order under s 13(5)(b) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – whether there is an unacceptable risk the respondent will commit a serious sexual offence if he is released from custody without a supervision order – whether the adequate protection of the community can be reasonably and practically managed by a supervision order -- 1 of 11 -- 2 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 13 COUNSEL: J Tate for the applicant J Fenton for the respondent SOLICITORS: Crown Law for the applicant Fuller & White Solicitors for the respondent [1] This is a decision on an application for an order (a division 3 order) under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the Act). The applicant is the Attorney-General. She bears the onus of proving that the respondent is a serious danger to the community in the absence a division 3 order. The respondent’s criminal history [2] The respondent is now 44 years of age. He is currently serving his second period of imprisonment imposed for serious offences of a sexual nature. His first such offence was committed in 2008 and was the attempted rape of his three year old niece. He served the full five-year term of imprisonment for that offence. [3] The present offence is of attempted rape which was committed against a female tourist aged in her mid-twenties. It occurred shortly after the respondent was released from custody for the previous sexual offence. That presently relevant offence involved a degree of violence. The respondent was, at the time, living in a camp by a riverbed in Kuranda. The complainant was an American tourist who was camped with friends a short distance from where the respondent was living. During the course of the evening, the respondent introduced himself to the group. The following morning, he returned and attempted to make conversation with the complainant. He was still drinking from the night before. [4] When the complainant was by herself, he approached her and lured her away to a secluded location near the riverbed, on the pretence of showing her some bush medicine. When the complainant became aware of the seclusion of the location, she became worried and asked to return to her friends. This is when the respondent assaulted her. He pulled her down into the gully, held her arms behind her back and grabbed her around the neck, causing her to fall face down in the dirt. He applied pressure to her throat when she struggled. He made threats to kill her when she screamed for help. During the struggle, he removed the complainant’s skirt and underwear, and tore her bikini top. He told her that if she had sex with him, he would let her go. The offending only ceased when the complainant seized an opportunity to run from the respondent to the camp site, where she told her friends he had attempted to rape her. [5] The respondent was sentenced for this offence on 13 November 2013. He was given seven years’ imprisonment, and an allowance was made for the time he had spent in pre-sentence custody. Although he was eligible to apply for parole on 14 December 2015, and made a number of applications for parole, none was successful. His full- time release date is 14 December 2019. [6] Having reviewed his Queensland criminal history and the relevant records and sentencing remarks of Harrison DCJ, I am satisfied that he is a prisoner currently serving a period of imprisonment for a serious sexual offence involving violence. -- 2 of 11 -- 3 Psychiatric evidence [7] The evidence before the court includes that of three psychiatrists. [8] Dr Arthur has diagnosed the respondent with a mixed cluster B personality disorder with antisocial and narcissistic traits, and alcohol and cannabis misuse disorder. He identified that, unmodified, the respondent presents as a moderately high risk of future sexual re-offending. In Dr Arthur’s opinion, a five-year supervision order would reduce that risk to low. [9] Dr Beech also considered the respondent. He diagnosed the respondent with an antisocial personality disorder and a polysubstance use disorder. He assessed the respondent’s risk for re-offending to be in the moderate to high range. In Dr Beech’s view, if the respondent felt frustrated, thwarted, or angry, he would act violently to meet his sexual urges. Dr Beech thought it was difficult to know who the victim might be. He considers that a supervision order would substantially reduce the risk of re-offending and suggests a supervision order of five years. [10] The third psychiatrist, Dr Harden, expressed the view that the respondent’s future risk of sexual re-offending is high or well above average, with critical issues of substance intoxication and attitudes supportive of violence against women. Dr Harden is also of the view that supervision and intervention, consistent with a supervision order, will likely reduce the respondent’s risk of re-offending to the range of low to moderate. Dr Harden thought a supervision order ought to be of at least five years duration and contain conditions requiring the respondent to be abstinent from alcohol and illicit substances, to have regular psychological therapy with an appropriately skilled practitioner, and not to undertake serious emotional relationships with women without the support of an appropriately skilled practitioner. [11] It is agreed between the applicant and the respondent that, overall, the psychiatric evidence places the respondent at a moderate to high risk of sexual recidivism, and that this would reduce to low to moderate if he were to be released from custody subject to a supervision order. They also agree, on the basis of the reporting psychiatrists, that the court could be satisfied that the respondent is a serious danger to the community in the absence of a division 3 order. They also agree that the consensus of the psychiatric opinion is that the imposition of a supervision order, with suitable terms, is adequate to contain the risk presented by the respondent. [12] The information before the court also includes evidence of the efforts of the respondent to address the cause or causes of his offending behaviour, including his participation in a number of programs directed to his rehabilitation. Consideration [13] I am satisfied to high degree of probability that the evidence, which I regard as acceptable, cogent evidence, is of sufficient weight to justify a decision that there is an unacceptable risk that the respondent will commit a sexual offence of a serious nature if he is released from custody without a supervision order. [14] Each of the psychiatrists formed the view that suitable conditions could be formulated in a supervision order, so as to reduce the risk to the community presented by the release of the respondent. I have considered those conditions as set out in a draft supervision order provided to the court. -- 3 of 11 -- 4 [15] I am similarly satisfied by the evidence, to a high degree of probability, that the appropriate order is to find that there is an unacceptable risk that the prisoner will commit a serious sexual offence if released from custody without a supervision order. I have taken into account that psychiatric evidence, and the other relevant evidence of the respondent’s participation in programs while in custody to address the cause or causes of his offending, his antecedents and his criminal history, and the opinions expressed by the psychiatrists as to the risk that he will commit another serious sexual offence if released into the community, and also in respect of whether there is a propensity on his part to commit serious sexual offences in the future. And I have also taken into account the need to protect members of the community from that risk. [16] Adequate protection of the community is, of course, a relative concept and it involves some notion that there is an unacceptable risk, or an acceptable risk, of re-offending. The assessment of what level of risk is unacceptable or acceptable, and what order is necessary to ensure the adequate protection of the community is, of course, not a matter for psychiatric opinion. It is a matter for judicial determination. The court is required to exercise its judgment as to what risk should be accepted, against the serious alternative of the depravation of the respondent’s liberty. In making that assessment, the statute instructs the court to give paramount consideration to the need to ensure adequate protection of the community. [17] Taking that into account, I am satisfied that adequate protection of the community can be reasonably and practically managed by a supervision order. Disposition [18] I will order that the prisoner be released from prison and that he must follow the rules set out in a supervision order for a period of five years, that is, the period to 14 December 2024. [19] The terms of the supervision order relate to a large number of matters, including reporting to a Corrective Services officer, general supervision by that officer, an obligation not to commit relevant offences, conditions as to where the respondent may live, a curfew direction, a monitoring direction, conditions related to the respondent engaging in employment or study, a condition to do with respondent’s use of a motor vehicle, conditions relating to the ownership and use of a mobile phone, conditions relating to the use of computers and the internet, conditions as to contact with any victim, rules about the use of alcohol and drugs, a rule about the use of medicine, conditions about rehabilitation and counselling, conditions about speaking with Corrective Services as to future plans, a number of very specific conditions with respect to contact with children, and conditions about the use or collection of images of children, child exploitation material, pornographic images, including a requirement to develop a management plan to address the risk of sexual re-offending, and an obligation to report any personal relationships. [20] Although these conditions are extensive, and therefore place considerable restrictions on the conduct of the respondent upon release, I am satisfied that they are appropriate and necessary, in order to adequately reduce the risk presented to the community of the respondent re-offending upon release. [21] In those circumstances, I will make an order, in terms of the draft provided, with one correction that I have made in respect of the heading of condition 34. I will initial the amended draft and place it with the papers. -- 4 of 11 -- Schedule A Supervision Order Filed on behalf of the applicant Form 59 R. 661 GR Cooper CROWN SOLICITOR 11 th Floor, State Law Building 50 Ann Street Brisbane Qld 4000 Per Andrew McCabe PL4/ATT110/3775/MAH Telephone 07 3031 5852 Facsimile 07 3031 5998 SUPREME COURT OF QUEENSLAND REGISTRY: Brisbane NUMBER: BS 6452/19 Applicant ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND AND Respondent VINCENT JOHN WASON SUPERVISION ORDER Before: Bradley J Date: 2 December 2019 Initiating document: Originating Application filed 20 June 2019 (CFI 1) THE COURT is satisfied that VINCENT JOHN WASON is a serious danger to the community. The rules in this order are made according to the Dangerous Prisoners (Sexual Offenders) Act 2003. THE COURT ORDERS THAT VINCENT JOHN WASON be released from prison and must follow the rules in this supervision order for five years, until 14 December 2024. TO VINCENT JOHN WASON: 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 years. -- 5 of 11 -- 2 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 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) 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. A “business day” is a week day (Monday, Tuesday, Wednesday, Thursday and Friday) that is not a public holiday. No [sexual] 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 [involving violence]. -- 6 of 11 -- 3 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 service 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: (i) wear a device that tracks your location; and (ii) 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; b) who you will work for; c) what hours you will work each day; -- 7 of 11 -- 4 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 give a corrective services officer all passwords and passcodes for any mobile phone you own or have. You must let a corrective services officer look at the phone and everything on the phone. Computers and internet 22. 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. 23. 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. 24. 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 25. 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. -- 8 of 11 -- 5 “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 26. 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. 27. 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. 28. 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. 29. 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. Rules about medicine 30. 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. Rules about rehabilitation and counselling 31. You must obey any direction a corrective services officer gives you about seeing a doctor, psychiatrist, psychologist, social worker or other counsellor. 32. You must obey any direction a corrective services officer gives you about participating in any treatment or rehabilitation program. 33. 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 34. You must talk to a corrective services officer about what you plan to do each week. A corrective services officer will tell you how and when to do this (for example, face to face or in writing). -- 9 of 11 -- 6 35. You must also tell a corrective services officer the name of new persons you have met. This includes: people who you spend time with, work with, make friends with, see or speak to (including by using social media or the internet) regularly. 36. 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 [General conditions] 37. 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. 38. 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: (i) tell the person(s) about this supervision order; and (ii) 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. 39. 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. 40. 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). -- 10 of 11 -- 7 41. You must not: (i) be at any school or childcare centre; (ii) be in a place where there is a children’s play area or child minding area; (iii) go to a public park; (iv) go to a shopping centre; (v) join any club or organisation in which children are involved; (vi) 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 42. You must not collect photos/ videos/ magazines which have images of children in them. If you have any you will be asked to get rid of them by a corrective services officer, and you will. 43. You are not to get child exploitation material or images of children on a computer or phone from the internet. 44. You cannot get pornographic images on a computer or phone from the internet or magazines without written approval from a corrective services officer. Your treating psychologist will provide advice regarding this approval. 45. 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. 46. You must advise your case manager of any personal relationships you have started. Signed: Registrar of the Supreme Court of Queensland -- 11 of 11 --