Robert John Fardon case
In June 2003 (not long after the introduction of Queensland's new legislation of the Dangerous Prisoners (Sexual Offenders) Act 2003) a man by the name of Robert John Fardon became the first sex offender under the recently new legislation.
Robert Fardon has had a lengthy criminal history since 1965 including theft and other crimes (non-violent). Though in 1967 he was placed on a bond for attempted carnal knowledge* to a girl aged 10. Then in 1980 he was imprisoned for indecent dealing and rape to a girl aged 14, which was where he served 8 years. After his release (14th September,1988) he once again committed sexual offences, but this time to an adult female. he was sentenced to imprisonment for 14 years on the 30th of June, 1989. Fardon was a 'substantial risk...that Mr Fardon will commit further offences, including offences of a sexual nature upon or in relation to a child under the age of 16 years..."as quoted by a psychiatrist prior to his sentence in 2003. Although his indefinite case it was assessed by two psychiatrists and they found he was likely to re-offend despite his assurance of not re-offending. Fardon made an appeal of the legislation was inconsistent with the constitution due to the double punishment. However his appeal about the legislation being unconstitutional was dismissed after a ruling that the legislation was valid and criminally justified as 6 out of 7 high court judges deemed it as valid. Fardon's cases was deemed valid because under the term Dangerous prisoners (sexual Offenders) Act 2003 it was serving a purpose, applied rules of evidence and upheld precautionary measures legally such as reviewing the offender appeal. Although he had indefinite sentence and an accused has rights, the rights of the communities protection and safety is imperative against people who possess a possible threat, therefore the community deserves safety.
Robert Fardon has had a lengthy criminal history since 1965 including theft and other crimes (non-violent). Though in 1967 he was placed on a bond for attempted carnal knowledge* to a girl aged 10. Then in 1980 he was imprisoned for indecent dealing and rape to a girl aged 14, which was where he served 8 years. After his release (14th September,1988) he once again committed sexual offences, but this time to an adult female. he was sentenced to imprisonment for 14 years on the 30th of June, 1989. Fardon was a 'substantial risk...that Mr Fardon will commit further offences, including offences of a sexual nature upon or in relation to a child under the age of 16 years..."as quoted by a psychiatrist prior to his sentence in 2003. Although his indefinite case it was assessed by two psychiatrists and they found he was likely to re-offend despite his assurance of not re-offending. Fardon made an appeal of the legislation was inconsistent with the constitution due to the double punishment. However his appeal about the legislation being unconstitutional was dismissed after a ruling that the legislation was valid and criminally justified as 6 out of 7 high court judges deemed it as valid. Fardon's cases was deemed valid because under the term Dangerous prisoners (sexual Offenders) Act 2003 it was serving a purpose, applied rules of evidence and upheld precautionary measures legally such as reviewing the offender appeal. Although he had indefinite sentence and an accused has rights, the rights of the communities protection and safety is imperative against people who possess a possible threat, therefore the community deserves safety.
* carnal knowledge; A degree of sexual penetration.