Attorney-General for State of Queensland v McLean [2006] QSC 33

State Reporting Bureau JSoo6>1 Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 15 February, 2006 Application 9011 of 2005 ATTORNEY-GENERAL FOR STATE OF Applicant QUEENSLAND and LAWRENCE BERNIE MCLEAN Respondent CAIRNS . .DATE 06/02/2006 JUDGMENT WARNING : The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 Ith Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 6 -- 06022006 D.l T6/GAK M/T CNS1/2006 (Jones J) HIS HONOUR: When this matter came on for trial this morning Mr Cooke of Queen's Counsel on behalf of the respondent, sought to have the matter adjourned to allow time for him and the respondent's legal representatives to prepare affidavits setting out the details in which the respondent would live and work, were he to be released from prison. The attitude of the applicant appears to be that the respondent should not be released from prison until he has undertaken a sexual offender's course, in line with the opinions expressed by the three psychiatrists. The respondent does not seriously challenge the need for him to undertake such a course but there remains questions of when and how and in what form such a course should be undertaken. This is a matter upon which further opinion from psychiatrists might be sought but the seeking of such opinion would not be of value until the respondent has formulated the circumstances in which he would be placed were he released from prison. The hearing dates were set some time ago. In fact, in November 2005. The reports from the psychiatrists appointed by the Court were available respectively at least by mid-January. Unfortunately the full file of the corrective services department concerning the respondent was not made available until last week. That file of course, is quite voluminous given the 13 years incarceration of the respondent. Mr Cooke needs more time to peruse that file and also more time, as I've already indicated, to prepare evidence as to the 2 JUDGMENT -- 2 of 6 -- 06022006 D.l T6/GAK M/T CNS1/2006 (Jones J) circumstances in which the respondent would be placed upon release . I am informed that the sex offenders program will be available at the Lotus Glen Correction Centre only after May of 2006. The offenders program appears to be three stages. A preparatory stage assessing the respondent's suitability for the course and at what level the course should be conducted. 3 JUDGMENT -- 3 of 6 -- The indigenous moderate sex offenders course - the second stage - would be commencing in June. The high intensity course would start in May of 2006. Thereafter there is a maintenance program as the third stage, which would appear to be undertaken after a person in the respondent's position is no longer in detention. If the respondent is to undertake a high intensity course, that course would be conducted between May 2006 and January 2007. If the appropriate course is the mid-intensity, such course would be run between June 2006 and November 2006. Some detail of the nature of these courses - the level of involvement of the respondent, and how that involvement can best be achieved - are matters that await determination. The earliest date in which the resumed hearing can be held is on the week commencing the 8th of May 2006. The anticipated release day for the respondent is the 2nd of April 2006, but because that day is a Sunday his effective release date would be Friday, 31st of March 2006. Because of this adjournment it is necessary that I make an interim detention order pursuant to section 8 of the Dangerous Prisoners (Sexual Offenders) Act 2003. 06022006 D.l T7/GRB M/T CNS1/2006 (Jones J) 4 -- 4 of 6 -- It is essential, in my view, that the respondent remain in custody until those issues are sorted out following the hearing which, as I have indicated, can only commence on the 8th of May 2006. I propose, therefore, to make an interim detention order to run from the date of the applicant's proposed effective release until the determination of this application. I propose also to make directions about the further conduct of the matter which have been discussed between counsel and myself. I give the following directions: (1) The respondent file any further material by affidavit on or before 4 p.m. on 3 March 2006; (2) That the applicant provide supplementary reports from psychiatrists and psychologists and any further affidavits on her behalf on or behalf the 3rd of April 2006. It is unfortunate that such an adjournment is made necessary which has given need to the making of the interim detention order, but this has to be considered against the background that the respondent had been offered the undertaking of such courses at various times during his period of incarceration, and those courses were not undertaken for a variety of reasons 06022006 D.l T7/GRB M/T CNS1/2006 (Jones J) for which I attribute no blame to the respondent. -- 5 of 6 -- But the fact remains that, in the light of the reports currently before me from the psychiatrist, it is not appropriate for the respondent to be released until the matters raised in those reports and all other circumstances have been fully investigated at the adjourned hearing. 06022006 D.l T7/GRB M/T CNS1/2006 (Jones J) -- 6 of 6 --