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Brisbane judge grants supervised release for Thomas Andrew Larry
THE Queensland Government has lost another bid to keep a dangerous sex offender behind bars after a Brisbane judge granted supervised release despite a convicted would-be rapist committing sex attacks while still behind bars.
Brisbane Supreme Court judge David Boddice has granted Thomas Andrew Larry, now aged 34, conditional release from jail after having served eight years for breaking into a house attempting to rape a woman on March 8, 2002.
Justice Boddice, in a just published 12-page judgment, said Queensland's Attorney-General, Paul Lucas, had applied to the court for Larry to "detained for an indefinite term for care, control or treatment."
Alternatively, the court was told, the A-G wanted Larry to be "released from custody subject to conditions."
Justice Boddice was told Larry's prison term was scheduled to expire yesterday after having served all of his sentence for breaking into a home and trying to rape woman and then punching her repeatedly - "causing significant injuries."
He noted Larry had received a further three-months' jail for flashing his genitals at a teacher, or trainer, during a course at the Lotus Glen Correctional Facility, 25km south of Mareeba in Far North Queensland on June 10 2008.
He said Larry was again charged, but not prosecuted, for allegedly trying to pull a Townsville Correctional Centre nurse towards him to "examine his penis" on May 30, 2010.
"(The Lotus Glen victim) was conducting a certificate course at the centre when ... (Larry) unexpectedly stood up, pulled his pants down, exposed his genitals and gave the (teacher) a note containing a poem," Justice Boddice said.
"(Larry later) explained his conduct as having had 'a brain snap'."
The Townsville Correctional Centre incident occurred when Larry allegedly touched a female nurse during a consultation, Justice Boddice said.
Justice Boddice also chronicled Larry's history of criminal offences, which included a 1996 conviction for aggravated assault of a woman in Cairns, six months jail for an assault causing bodily harm in 1996 and a five year prison stretch for an assault causing grievous bodily harm in 1997.
"This history includes two previous sexual offences," Justice Boddice said.
"The first was committed in the early hours of 5 March 1993 at Coconut Island ... (when the victim) woke to find (Larry) standing naked in her bedroom.
"The second ... occurred on the night of 25 May 1995 at Warraber Island ... (when the victim) woke to find (Larry) sitting on top of her. (The victim) punched (Larry) who punched her in the face before running away."
Justice Boddice, in granting Larry conditional release, said: "I am satisfied to the requisite standard that the respondent (Larry) is a serious danger to the community in the absence of an order ... (under) Division 3 of the Dangerous Prisoner's (Sexual Offenders) Act 2003."
He imposed 37 conditions on Larry as part of the order - including not accessing pornography over the internet.

The Courier-Mail (23-5-2011)
Tony Keim




 

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