A-G attempts to keep this dangerous sex offender in prison

AN APPLICATION by the Attorney-General to have a Rockhampton dangerous sex offender incarcerated indefinitely has fallen over.

Maxwell Edward Gray, 55, has been subjected to a supervision order since 2010 and has since repeatedly breached the order by smoking cannabis or drinking alcohol.

He also breached it between September 2015 and January 2016, where he harassed his former partner using a carriage service.

Justice Ann Lyon handed down a decision on October 27 in relation to the Attorney-General's application to have Gray's Supervision Order suspended and a continuing detention order made, or amend the existing order.

"This is the seventh time Mr Gray has been the subject of contravention proceedings," she said.

Gray contravened the order on November 23, 2011 with a positive result for cannabis; on October 22, 2012 with positive results for alcohol and cannabis; April 7, 2014, with a positive result for cannabis; September 29, 2014, again positive for cannabis; and on June 20, 2016, positive for cannabis as well as committing an indictable offence.

"It is clear that since his release in June 2016, concerningly, Mr Gray has returned urine samples positive to cannabis on 18 occasions, the last being on October 9," Justice Lyon said.

Gray was sentenced to a three-month prison term, wholly suspended with a 12-month operational period, in the Rockhampton Magistrates Court on June 28, 2017, for breaching the order by using cannabis.

In her conclusion, Justice Lyon noted Gray's most recent sexual offence conviction was over 20 years ago.

According to court documents, a psychiatrist had found Gray's alcohol and drug use are a significant factor in his history of sexual offending.

Gray had also been diagnosed with a drug-induced schizophrenia at the time of the sexual offending, but had not been on any anti-psychotic medication for several years and had no relapses of schizophrenia.

Two reports by psychiatrists considered by Justice Lyons indicated both had concerns about Gray's increasing use of cannabis and alcohol as he gets older, but both felt his risk of sexual offending could be reduced to moderate by staying on the Supervision Order.

Justice Lyon ordered Gray stay on the Supervision Order as made in 2010 and amended in June 2016.

However, Gray has been remanded in custody as he still faces sentencing for more breaches.