http://www.townsvillebulletin.com.au/news/townsville-sex-offender-returned-to-custody-after-allegedly-breaching-conditions/story-fnjfzs4b-1227031269753

Townsville sex offender returned to custody after allegedly breaching conditions

  • EMMA CHANNON COURT REPORTER
  • Townsville Bulletin
  • August 20, 20149:48PM

A DANGEROUS sex offender released from jail despite being listed as “high risk” of reoffending has been returned to custody, after allegedly breaching parole conditions.

Brian John Daphney, 35, was released last year after serving a 15-year jail sentence for the heinous rape of a four-year-old girl.

Justice Anthe Philippides released Daphney on August 8 last year on a four-year supervised release order, despite saying she was unsure whether the order would provide adequate protection for the community.

“There is sufficient evidence to satisfy the court to a high degree of probability that the respondent is a serious danger to the community … in that there is an unacceptable risk that he will commit a sexual offence in the absence of a(n) … order,” she said.

“The question that then arises is whether adequate protection of the community may be ensured by a supervision order or whether a continuing detention order is indicated.”

Attorney-General Jarrod Bleijie applied in the Supreme Court this week to have Daphney kept in custody until the possible breaches of him allegedly accessing child pornography were dealt with.

“The Government promised Queenslanders that it would make this state the safest place to raise a family,” Mr Bleijie said.

“Queensland now has some of the strongest anti-sex offender laws in the country and we will always fight to keep dangerous offenders away from the community.”

Barrister Wayne Pennell applied to keep Daphney in custody, which wasn’t opposed by the defendant’s legal team.

Daphney was released from custody on a supervised order on July 29, 2013, after he had served 15 years in jail.

On July 31 this year, officers from Queensland Corrective Services downloaded his phone search history and discovered he had looked at pornography after searching “young” and “teen”.

On August 11, officers again reviewed his phone and noticed a “significant increase in violent pornographic themes”.

QCS officers said they held concerns for community safety if Daphney was to stay at large.

Daphney was 19 when he broke into a Heatley home in November 1997 to steal money, but ended up sodomising a four-year-old girl.

Daphney’s alleged breaches will be dealt with later.

 

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