Risk assessment and sentencing of serious sex offenders: Buckley v. R.

In Buckley v R [2006] HCA 7; (2006) 224 ALR 416; (2006) 80 ALJR 605, the High Court of Australia heard an appeal from the decision of the Queensland Court of Appeal which considered the sentencing of a serious sex offender. The principal issue for the High Court was whether, in imposing an indefinite sentence, the sentencing judge observed the principles to be applied in the exercise of the power conferred by the Penalties and Sentences Act 1992 (Qld). A subsidiary issue was whether, in considering the evidence of three expert psychiatrists, the sentencing judge made material errors of fact in exercising the sentencing discretion.

The High Court held that a proper exercise of the power under s 163 of the Penalties and Sentences Act 1992 (Qld) involved an understanding of why it was exceptional, and careful attention to the considerations that call for its exercise. In considering the risk of serious harm to members of the community if an indefinite sentence were not imposed, a sentencing judge is required to consider the protective effect of the finite sentence that would otherwise be imposed.

Key words: risk assessment; sentencing; sex offenders.

Penalties and Sentences Act 1992 (Qld)

Section 163(3) of the Penalties and Sentences Act 1992 (Qld) enables the imposition of an indefinite sentence on an offender convicted of a violent offence where the court is satisfied that the offender is a serious danger to the community because of:

* the offender's antecedents, character, age, health, or mental condition; and

* the severity of the violent offence; and