In the case Attorney-General (Qld) v Robinson [2024] QCA 206, the Queensland Court of Appeal deliberated on whether to amend the supervision order of Nigel Patrick Robinson under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The Attorney-General appealed a decision that released Robinson under supervision, arguing that a requirement for him to abstain from illicit drugs should not have been removed. The appeal centered on whether the removal of this requirement compromised community safety and the effectiveness of supervision. The court considered expert psychiatric advice indicating that Robinson’s compliance with supervision can be ensured without this requirement, and that ongoing substance use should be managed through usual legal processes, not as a breach of supervision. The Court ultimately found no error in the primary judge’s decision to remove the drug use condition, highlighting the need to balance community protection with rehabilitation. The appeal was dismissed, affirming Robinson’s release under the adjusted supervision order.
Full text: https://www.sclqld.org.au/caselaw/150176