UPDATE:  JUNE 2016

Kynuna has won his appeal against his continuing detention order and is to be released into the community.

Justice McMurdo found the supervision order previously imposed on him was adequate protection against him committing future serious sexual offences.

 

UPDATE:  DECEMBER 2015

Justice David Boddice has ordered Kynuna be returned to jail indefinitely after he sexually assaulted a nurse at Princess Alexandra Hospital in October last year as the assault breached the conditions of his release order. He had been sentenced in June to four months jail for the assault.

 

http://www.cairns.com.au/article/2011/12/08/195441_local-news.html

Sex offender to stay behind bars

Melanie Petrinec

Thursday, December 8, 2011

The Cairns Post

A SERIAL sex offender who raped a six-year-old local boy and assaulted a group of girls while they were in Cairns on a school excursion has been jailed indefinitely.

Yarrabah man Gregory David Kynuna has been in and out of jail for sexual assaults since 1987, when he broke into a Cairns hostel and inappropriately touched a number of girls who were staying there while on a school excursion.

The 47-year-old was sentenced to six years’ jail in 2004 for luring a six-year-old boy away from his Cairns home and raping him.

His sentence was extended after he indecently assaulted a female tutor in the jail, but he was released in July this year on strict conditions. Kynuna breached those conditions by the end of the month when he failed to keep to his curfew and he tested positive for cannabis.

In a Supreme Court of Queensland decision published on Monday, Attorney-General Paul Lucas was successful in keeping Kynuna behind bars indefinitely.

Psychiatrists had noted Kynuna’s risk of reoffending was “very high” if he did not adhere to curfews and maintain a drug-free lifestyle.

“… in my view, it is currently impossible to describe his potential for reoffending, either violently or sexually, as less than very high,” one doctor reported.

“In my opinion, it would be prudent at this time for Mr Kynuna to remain a resident of an institution, either in prison or preferably a maximum-security psychiatric hospital, and for the situation to be reviewed when he has been so resident of a period of 12 months.”

 

http://www.couriermail.com.au/news/queensland/rapist-released-despite-sexual-assault-on-female-jail-tutor/story-e6freoof-1226083912155

Rapist released despite sexual assault on female jail tutor

  • by Mark Oberhardt
  • From: The Courier-Mail
  • June 29, 2011 7:52AM

A RAPIST who breached a supervision order by being convicted of sexually assaulting a female tutor during a jail IT class has been released again on stricter conditions.

Last year Gregory David Kynuna was released on a Dangerous Prisoners (Sexual Offenders) Act order in 2009, which was breached on two counts.

The Attorney General, Paul Lucas, went to the Supreme Court seeking to either rescind the order and keep Kynuna in detention or to have the order amended.

The Court heard on April 15 last year, Kynuna was required to undergo a random urinalysis and that test indicated the presence of cannabinoids.

He was breached and taken back into custody where he committed a second breach during an IT class at the Brisbane Correctional Centre, on August 20 last year.

The court heard Kynuna, in front of a female tutor, put his hands down his shorts and appeared to be masturbating. He then removed his hands from his shorts and went to touch the tutor in her groin area.

She pushed his hand away and that concluded the incident.

The court heard Kynuna pleaded guilty to a charge of sexual assault in the Magistrates Court at Richlands in November last year and was sentenced to five months’ jail.

Acting Justice Julie Dick ordered Kynuna’s release last week but her written reasons did not become available until Wednesday.

“The evidence of the psychiatrists is consistent in the view that a supervision order would be sufficient to ensure the adequate protection of the community because now careful arrangements have been made in respect of accommodation, support and treatment options upon his release,” Justice Dick wrote.

She noted in the immediate future, accommodation was available at Wacol and further assistance would be provided to assist the respondent to source alternative accommodation when appropriate.

Justice Dick said Kynuna, now 46, had a long and relevant criminal history including offences of a sexual nature.

In Cairns in 1987 he was convicted of two counts of break and enter a dwelling house with intent in the night time and six charges of aggravated assault of a sexual nature on a female child under the age of 17.

After being released from jail in In 1990 he was convicted in the Yarrabah Magistrates Court of aggravated assault on a female and fined.

In 2004, he was sentenced to six years’ jail in the Cairns District Court for rape and the complainant was a six-year-old child who was unknown to him.

The court heard Kynuna had a history of abusing drugs and alcohol.

Justice Dick said in 1979 he was involved in a motor vehicle accident and suffered a severe head injury and following the accident he displayed persistent bizarre behaviour, which was described as confused and disorientated.

She said Kynuna was subsequently transferred to the psychiatric unit of the Cairns Base Hospital. He has been assessed a number of times over the years by medical practitioners of various specialities including neurologists and psychiatrists.

Justice Dick said while in custody, as well as receiving treatment for his acquired brain injury, Kynuna had been diagnosed, on occasions, with chronic schizophrenia.

 

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