Posts Tagged ‘Dangerous Prisoners (Sexual Offenders) Act’


 

http://www.news.com.au/national/queensland/rapist-peter-scott-griffin-to-be-released-despite-past-breaches-of-orders/story-fnii5v6w-1227224441229

Rapist Peter Scott Griffin to be released despite past breaches of orders

February 18, 2015 5:25PM

A RAPIST who has repeatedly broken supervision rules while out of jail will again be released into the community.

Peter Scott Griffin, 46, served a 13-year sentence for attacking three women in the street in 1998, forcing them to perform oral sex on him and raping one victim.

He was released from jail in 2012 but put on a strict supervision order.

He was jailed again in June last year after he lost his temper with his supervisors because they put him on a 24-hour curfew when his online romance soured.

His supervisors from Corrective Services were worried he hadn’t admitted to his internet girlfriend that he was a convicted sex offender.

The girlfriend was set to fly to Queensland to meet him.

His parole officers were worried he would stop taking drugs aimed at reducing his sex drive.

After a hearing to decide whether he should be kept behind bars Justice Martin Daubney ruled Mr Griffin should be released because there was no longer any danger he would breach his supervision order.

The June incident was his third breach. The other two breaches included being caught masturbating in a shopping centre carpark in January 2013 and losing his temper with police last year.

PREDATOR’S CHRONICLE

  • February 14, 1998: Grabs 17yo girl from behind and drags her from a North Rockhampton street at 8.15pm, over a guard rail onto a bush hill. He sexually assaults her and restrains her by choking.
  • May 24, 1998: 23yo woman is followed as she walks between two hotels in the Rocky CBD at 12.25pm and attacked from behind. Griffin flees when two men on a hotel balcony yell out.
  • May 24, 1998: About an hour later an 18yo woman is punched to the ground and raped.
  • July 21, 1998: Young woman is robbed and sexually assaulted on a Rockhampton street. Griffin restrains her by choking. Police take down a number plate and catch him.
  • July 8, 2011: Griffin was put on a continuing detention order, beyond his fulltime release date after 13 years’ jail.
  • October 29, 2012: Released on a DPSOA supervision order with strict conditions.
  • January 3, 2013: Contravened condition not to reoffend when a woman saw him masturbating in a public car park at North Rockhampton.

 

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Fardon – Robert John - Photo3

UPDATE: 16th SEPT 2014

Robert John Fardon will be released back into community detention after lawyers for Qld’s A-G offered no evidence to the court.

 

http://www.abc.net.au/news/2014-09-02/convicted-rapist-robert-john-fardon-arrested-in-brisbane/5714206

Robert John Fardon arrested in Brisbane over alleged breach of supervision order

Tue 2 Sep 2014, 6:15pm

Convicted rapist Robert John Fardon has been arrested in Brisbane over an alleged breach of the conditions of a supervision order.

The 65-year-old has been living in community detention at Wacol in south-west Brisbane since being released in December last year

A source has told the ABC Fardon was planning to escape his home, which is under 24-hour surveillance.

He was taken into police custody this afternoon and the matter will be listed for an initial hearing in the Supreme Court as early as tomorrow.

Fardon has spent most of his adult life in prison after he was convicted of numerous sex offences against women and children.

In 2003, Fardon was the first person to be detained indefinitely under Queensland’s Dangerous Prisoners Sexual Offenders Act.

In December 2013, Attorney-General Jarrod Bleijie withdrew an application to keep Fardon in prison.

The decision came after the Court of Appeal declared sections of a new act, granting the Attorney-General power over sex offenders, was invalid.

Fardon’s supervision order was issued under the provisions of the Dangerous Prisoner (Sexual Offenders) Act 2003.

 

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http://www.news.com.au/opinion/blank-cheque-for-thought-police/story-e6frfs99-1111118028786

Blank cheque for thought police

  • By Terry Sweetman
  • The Courier-Mail
  • November 14, 2008 12:00AM

BARRY Allen Little is a sad man in his 30s with an interest in church youth work. He is also a pedophile.

He has a history of molestation of girls aged between about nine and 12, going back to 2000, and has been given several chances, including suspended sentences.

That was unusual, as Judge Debbie Mullins noted in the Supreme Court this week, because his sort of behaviour normally earns real jail time.

But in 2004, he betrayed that trust by again indecently dealing with a girl and was put behind bars.

He was due out in the sunshine this month, so Attorney-General Kerry Shine made an application under the Dangerous Prisoners Sexual Offenders Act, which is where Justice Mullins comes into the story.

She heard the usual psychiatric reports and was satisfied the risk of Little reoffending was unacceptable, and put him on a 10-year supervision order.

Distressingly, it was fairly standard fare for our courts these days, except for some of the details on the supervision order.

“The respondent, however, must not access child pornographic images in any format, whether on the computer, in magazines or otherwise,” Justice Mullins said.

“And,” she said, “(he) must allow any computer or other device that he uses and is in control of where the internet is accessible to be randomly examined to determine whether the device has been used for unacceptable purposes involving children.

“The respondent has to be prepared to respond truthfully to any questions that the Corrective Services Officer who supervises him asks him about the access that he has made of the internet.”

Little is a pedophile. I am not and nor are the majority of people.

So why are our internet-browsing habits to be controlled by the same sort of thought patterns that govern the supervision of a child molester?

Why is some faceless bureaucrat to be given the same powers to censor our internet access as a prison screw has over the perversions of an uncontrollable pedophile?

The mechanics are different but that is the ultimate result of the Federal Government’s ill-considered and illiberal plan to filter the internet.

We learnt this week that the Government has a blacklist of 10,000 sites which will be added to 1300 already identified by the Australian Communications and Media Authority to be filtered out of our consciousness.

Just what might we be protected against?

The ACMA list is said to be mainly of child pornography sites but Broadband and Communications Minister Stephen Conroy cannot even define the grounds for restricting the 10,000, although they are supposed to contain “illegal and unwanted content”.

“Will the minister provide a definition of unwanted content and where we might find a definition of unwanted?” asked Greens Senator Scott Ludlum.

The answer was: “No.”

Call me suspicious but I find it sinister and arrogantly offensive that the Federal Government has a blacklist of banned sites even before it has established any definable criteria for censorship.

We are supposed to presume they are all violent or child-porn nasties but can we be sure?

The Vatican got away for two millennia with a library of forbidden books – the Index Librorum Prohibitorum – but I don’t know that a government in a modern society is entitled to such presumptions of literary, artistic and political infallibility. The Catholic Church had the good manners to suppress its list in 1966 but at least its list had some definable purpose – the prevention of the contamination of the faith or the corruption of morals through the reading of theologically erroneous or immoral books.

“Erroneous and immoral” doesn’t sound a world away from “illegal and unwanted”.

Without a workable (and legally disputable) definition of what is “unwanted”, the scope for government intrusion seems unlimited.

Given Australia’s sorry history of censorship, petty misuse of power, presumption of moral authority and political exploitation of secrecy in war and peace, is the alleged protection of children (and the deprivation of deviant sexual material) really worth the dangers to a society that should be travelling down a road towards transparency and honesty?

Somebody wise (me, in fact) once wrote: “The web is one of the greatest innovations of the late 20th century, probably the ultimate expression of the communications revolution that began with movable type.”

The Rudd Government, stampeded by moral crusaders, seems to have embarked on a counter-revolution to turn back the clock.

It not only wants to make a massive withdrawal on a bank of freedoms we have built up since the Magna Carta, it seeks the biggest blank cheque since the Howard government asked us to trust it on national security.

 

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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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UPDATE:  NOVEMBER 2015

Supreme Court Justice Peter Applegarth has ruled that Hancock be released into the Ipswich community on a 10 year supervision order. He will have to comply with a long list of conditions – including staying away form schools, not accessing the internet & 24 hour curfew.

 

UPDATE:  OCTOBER 2013

Brisbane District Court gave a two year suspended sentence for possessing explicit child pornography.

Hancock was arrested when he went to an internet cafe and downloaded child pornography to a USB device.

 

http://www.brisbanetimes.com.au/queensland/pedophiles-excessive-sentence-slashed-20100716-10dhd.html

Pedophile’s ‘excessive’ sentence slashed

AMELIA BENTLEY

July 16, 2010

A Brisbane pedophile has had his jail sentence slashed after the Queensland Court of Appeal agreed his prison term was excessive.

Graeme Paul Hancock, 25, was sentenced to 18 months jail in April when he pleaded guilty to indecent treatment of a child.

He had used his mobile phone to take a photograph of a naked four-year-old girl at South Bank parklands in June last year.

The offence occurred four months after Hancock was released from prison, where he had served five years behind bars for the sexual abuse of three children aged five, seven and nine.

At the time of his arrest at South Bank, he was subject to a restrictive supervision order under the Dangerous Prisoners (Sexual Offenders) Act.

The offence breached the order and he was put back in jail under the provisions of the Act.

In the Court of Appeal this morning, defence barrister Carl Heaton said the sentencing judge – even though he had ordered Hancock be eligible for parole after five months’ behind bars – had failed to take into account his client had spent 10 months in jail before he was sentenced.

Mr Heaton argued the 18-month sentence was manifestly excessive.

After a short adjournment, Court of Appeal Chief Justice Paul de Jersey and Justices Hugh Fraser and Richard Chesterman returned a unanimous decision to set aside Hancock’s sentence and replace it with a lesser jail term.

They ordered his jail sentence expire today, but acknowledged Hancock would not be released from prison as he was still subject to detention under the Dangerous Prisoners (Sexual Offenders) Act.

That Act allowed the continued detention of particular prisoners for their control, care and treatment, or for their supervised release.

Justice De Jersey said the offence was “at the lower end of the scale” because there had been no physical contact with the child at South Bank and the child was unaware the photograph had been taken.

 

http://www.dailytelegraph.com.au/news/breaking-news/paedophile-jailed-over-naked-girl-pic/story-e6freuyi-1225854032723

Paedophile jailed over naked girl pic

  • From: AAP
  • April 15, 2010 11:54AM

A MAN who took photographs of a naked girl at Brisbane’s South Bank had only recently been released from jail for raping two young children, a court has been told.

Graeme Paul Hancock, 25, was arrested on June 14, 2009, accused of using his mobile phone to take photos of a four-year-old girl playing naked in the shallows of the popular inner-city beach, the Brisbane District Court was told today.

Prosecutor Mathew Thompson told the court Hancock had only been released from jail four months earlier after serving five years for a string of child sex offences, including the rape of two young children.

He was released on a strict 15-year community-based supervision order under the Dangerous Prisoners (Sexual Offenders) Act, which banned him from visiting public parks, or possessing child exploitation material, he said.

He breached his supervision order by committing this latest offence, and upon his arrest was returned immediately to jail, where he has spent the last 10 months.

Mr Thompson said that when confronted about taking the photograph, Hancock originally provided police with a false name and gave them a second mobile phone that contained no illegal images.

When they finally retrieved the offending phone, they found a second photo of two small children, which Hancock had taken on a train.

Hancock today pleaded guilty to one count of indecent treatment of a child under 12 and two of breaching his supervision order.

Judge Milton Griffin said he took into account the 10 months Hancock had already spent behind bars when sentencing him to 18 months’ jail.

He ordered Hancock be eligible for parole in September.

 

http://www.brisbanetimes.com.au/queensland/pedophile-hancock-to-be-kept-in-jail-20090616-cemc.html

Pedophile Hancock to be kept in jail

Amelia Bentley

June 16, 2009 – 1:01PM

A tagged Brisbane sex offender who took photographs of a naked girl at South Bank Parklands at the weekend will be kept behind bars.

Graeme Paul Hancock, 24, made a brief appearance in the Queensland Supreme Court in Brisbane this morning, where he faced a charge of breaching a supervision order.

The order, which had 42 separate conditions designed to limit his behaviour and risk of reoffending, was placed upon Hancock after his release from prison in February this year for previous child sex offences, including rape.

The court was told Hancock breached four of the supervision order conditions when he was arrested by police at South Bank on Sunday after a complaint was made that he had taken photographs of a naked four-year-old girl playing on Streets Beach.

Police found Hancock with a mobile phone in his possession that contained images of the girl.

Justice Martin Daubney said the conditions breached included: not to commit an offence; not to commit an offence of a sexual nature; not to visit a public park and not to collect or retain images of children.

Hancock faced Brisbane Magistrates Court yesterday charged with making child exploitation material and possessing child exploitation material. He applied for bail, but the application was adjourned until Thursday.

Justice Daubney today said he was bound by the law to order Hancock remain in custody unless he could provide “exceptional circumstances” to support his release back into the community.

Hancock’s lawyer, Soraya Ryan, from Legal Aid Queensland, said she could not provide the court with evidence of exceptional circumstances, meaning he must remain locked up.

Hancock made a brief appearance in court before the matter but was not present in the prisoner’s dock when the case was heard.

Yesterday, the Brisbane Magistrates Court was told Hancock, who wears an electronic ankle bracelet to monitor his movements, lived at a facility at Wacol, which held other former prisoners on supervision orders.

Police prosecutor Sergeant Rebecca McDonald described him as a “serious, dangerous and sexual predator” who had a history of committing sexual offences against children.

He told police he could not control himself and if he saw a young girl wearing a skirt, he would have to look up it, she said.

The State Opposition yesterday questioned why a man with Hancock’s record was allowed to go free from prison without an attempt by the Attorney-General to seek indefinite detention.

 

http://www.brisbanetimes.com.au/queensland/sex-offender-filmed-naked-girl-at-south-bank-20090615-c80m.html

Sex offender ‘filmed naked girl at South Bank’

Amelia Bentley

June 15, 2009 – 1:30PM

A convicted sex offender wearing an electronic tag told police he could not control his sexual urges when he was caught photographing a naked child at South Bank Parklands yesterday, a court has heard.

Graeme Paul Hancock, 24, described in Brisbane Magistrates Court today as a “serious, dangerous sexual predator”, was arrested about 1.30pm while allegedly using a mobile phone camera to photograph a five year-old girl.

The girl was naked as she played on the shoreline.

It was revealed during a hearing this morning Hancock had a history of committing sexual offences against children and had served time in jail.

Since his release in February, he has been living under a supervision order at a facility at Wacol.

He was charged following his latest arrest with making child exploitation material, possessing child exploitation material and contravening a supervision order.

Sergeant Rebecca McDonald said Hancock told police he couldn’t control himself and if he saw a young girl wearing a skirt he would have to try and look up it.

Sergeant McDonald opposed his release on bail on the grounds he posed a risk of reoffending.

“It would be a great concern for him to go back out into the community and allowed to be a predator to small children.”

Duty lawyer Caroline Hunter said Hancock, who suffers from attention-deficit hyperactivity disorder and Aspergers syndrome, wears an ankle bracelet to allow Corrective Services officers to monitor his movements.

Ms Hunter said she understood the Wacol facility in which he lived could tighten Hancock’s supervision restrictions so that he would not be allowed out.

Magistrate Linda Bradford-Morgan adjourned the bail application in order for more information about the facility to be obtained for the court.

A decision about his release will be made on Thursday.

 

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UPDATE:  MAY 2014

Fuller made a application to the Brisbane Supreme Court to have his parole conditions relaxed so he can now use the internet.

 

http://www.abc.net.au/news/stories/2010/07/15/2954513.htm

Convicted paedophile to remain in custody

Posted Thu Jul 15, 2010 1:20pm AEST

A Supreme Court judge has ordered the ongoing detention of a convicted paedophile after an alleged attempt to abduct a boy, west of Brisbane.

It is alleged Ryan James Fuller, 35, tried to grab a 12-year-old boy from a park at Springfield on Tuesday.

Fuller appeared in the Ipswich Magistrates Court yesterday charged with several offences, including breaching a supervision order under the Dangerous Prisoners Sexual Offenders Act and was remanded in custody.

Fuller’s case was mentioned in the Supreme Court today where he was ordered to remain in custody pending the outcome of an application to keep him in jail for breaching his supervision order.

 

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UPDATED: DECEMBER 2014

Foy has had his parole supervision order extended for a further three years, after the Attorney-General Jarrod Bleijie made an application in the Brisbane Supreme Court, claiming he posed an unacceptable risk of reoffending.

 

http://www.qt.com.au/story/2011/11/16/anger-at-pedophiles-move-to-the-country/

Rickuss angry at paedophile move

Geoff Egan | 16th November 2011

MEMBER for Lockyer Ian Rickuss has questioned the State Government’s policy for placing sex offenders following a convicted pedophile’s brief placement to a property near Harrisville.

In a speech to State Parliament last night Mr Rickuss said the decision to place paedophile Mark Anthony Foy in the Scenic Rim town of Harrisville was an “inappropriate, stupid decision.”

Mr Rickuss said Foy was a “repeat offender” who was a “high risk” of re-offending.

“In 2001 Foy underwent a sex offenders program…The co-ordinator deemed there was still a high risk of Foy re-offending,” Mr Rickuss said.

“So after the expert information – what does the Corrective Services Minister do with Mr Foy?

“He imposes him on one of the smallest communities in south east Queensland – the small community of Harrisville.”

Mr Rickuss said the Foy’s employers during his Harrisville stay were unaware of his crimes.

“Even the resident who’s house Foy was living in and the people he was doing casual work for did not know what a creep Foy was.”

However Corrective Services acting commissioner Marlene Morison said Foy’s employers were aware of his crimes.

“She was made aware of the details of the offences and the ages of the victims,” she said.

“She stated that she was unsure of whether she wanted to take responsibility for housing a ‘paedophile’ and stated that she would need to reconsider her offer.

“The woman contacted Wacol staff the following day on 19 August, 2011, and advised she had spoken with her husband, and they decided to give offender Foy a chance at residing on their farm and working for them.”

Ms Morison said Foy had been located an appropriate distance from facilities where children would be present.

“The property was set on acreage approximately 3.5 kilometres from the centre of Harrisville, 2.3 km from the nearest Primary School.

“The closest parks were 5.9km and 6.6km from the property. The closest licenses premises was 2.6km from the property and the closest shopping centre was… 20.5km from the residence.”

 

http://www.qt.com.au/story/2011/11/04/pedophile-forcedout-outraged-residents-demand-pedo/

Pedophile forced out

Geoff Egan | 4th November 2011

A CONVICTED pedophile’s brief settlement in a rural town near Ipswich has sparked outrage in the community.

Mark Anthony Foy, who has served jail time for a string of child sex offences, is believed to have been relocated to a property outside Harrisville, south of Ipswich, before being moved to “contingency accommodation” at the Wacol prison reserve on November 2.

Foy was jailed in 2001 for 12 counts of indecent treatment of children under 12 years old and one count of indecent treatment of a child under 16 years old.

A Harrisville Neighbourhood Watch meeting saw more than double its usual turnout as residents voiced their outrage.

Harrisville Neighbourhood Watch president Pam Lobwein said people were irate at Foy’s presence.

“People are very, very upset,” she said.

“They want him removed there and then, they want him removed and they don’t want him in the area.”

Ms Lobwein said while it is believed he is located outside of Harrisville he has been spotted, wearing a monitoring bracelet, in town and close to the school.

“Why is he allowed near the school?” she asked.

Member for Lockyer Ian Rickuss said he was outraged a convicted pedophile had been placed in a small community such as Harrisville.

“(Harrisville residents) are bloody fuming,” he said. “It’s a small community; there is only one police officer out here at the moment.

“Why would you place someone with such a bad record as Foy in a town with so few facilities?

“It’s totally inappropriate to put them in places like Harrisville.

“You’ve got to question the process of where they place these blokes if Harrisville is an option.”

Department of Corrective Services acting commissioner Peter Bottomley said while an offender had been living in the area that person was moved.

“An offender subject to a community-based supervision order under the terms of the Dangerous Prisoners (Sexual Offenders) Act was living in approved accommodation in the Ipswich region,” Mr Bottomley said.

“The offender was under the supervision of Queensland Corrective Services, including electronic monitoring.

“The offender was yesterday (Wednesday) relocated to alternative contingency accommodation.”

Foy was found in breach of his supervision order in 2008 after being caught swimming in the Chuwar quarry with two teenage boys.

 

http://www.news.com.au/dailytelegraph/story/0,22049,25333278-5005941,00.html

Pedophile ‘keeps breaching supervision’

Article from: AAP

April 14, 2009 03:29pm

A NOTORIOUS pedophile is making a mockery of the justice system by continuing to breach his supervision order, a court has been told.

Mark Anthony Foy, 47, has been in custody since December last year for breaching his community-based supervision order for the fourth time.

He was arrested after a police officer caught him swimming with a 13-year-old boy at a waterhole at Chuwar, west of Brisbane.

Under the Dangerous Prisoners (Sexual Offenders) Act supervision order Foy is prohibited from having contact with children under 16.

He was released from prison under the order in January 2005 after serving four and a half years’ jail for offences against nine children aged between six and 12.

The court was told this latest incident was the first breach of the order to have involved children.

Previous breaches involved drugs and alcohol, and failure to attend medical appointments.

The court was told Foy denies having approached the teenage boy at the waterhole, where he said he had been waiting for friends.

Since his arrest Foy has been assessed by a psychiatrist who concluded the latest breach did not increase Foy’s risk of reoffending.

However barrister Jeff Rowls, who appeared for Attorney-General Cameron Dick, said Foy’s repeated breaches showed a blatant disregard for the supervision order.

“A supervision order is only effective if its terms are complied with, and on this occasion Mr Foy has had three previous warnings,” he said. “It makes a mockery of the system of the act.”

Despite his concerns, Mr Rowls did not formally apply for Foy to be detained in custody indefinitely for the breach.

Justice Ann Lyons adjourned her decision about whether to return Foy to the community under the same order.

 

http://www.abc.net.au/news/stories/2008/07/15/2304393.htm?site=brisbane

Convicted paedophile released after supervision order breach

Posted July 15, 2008 15:40:00
Updated July 15, 2008 15:39:00

A man convicted of molesting children has been freed by the Supreme Court in Brisbane after committing another breach of his supervision order.

Mark Anthony Foy was freed from jail in 2005 on an order under the Dangerous Prisoners Sexual Offenders Act.

He has been returned to custody on several occasions for breaching the order.

He was back before the Court again today after his latest breach, which involved the use of valium, doctor shopping to obtain the drug and failing to report to Corrective Services.

The conditions of Foy’s release were again varied, this time by Justice Margaret White, so that Foy must adhere to curfews and electronic monitoring as directed by Corrective Services.

 

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