Queensland Man Sentenced for Misusing Child Sex Offender Registry
Brian Allan Smith, 47, has been given a six-month good behaviour bond for misusing Queensland's new child sex offender registry. This marks the first charge laid under the recently enacted "Daniel's Law," which established the online register.
Details of the Offence
Smith appeared before the Ipswich Magistrates Court after posting a photo, obtained from the online registry, on Facebook. The incident occurred on January 2, shortly after the registry went live on December 31 of the previous year.
A member of the public reported the post to police after it appeared in a Facebook community group for the Laidley, Gatton, and Lowood areas. Smith's post included strong statements:
"This face needs to be recognised... He is scum and shouldn't be living in our community."
The court heard that Smith published the photo a total of five times across three different Facebook groups.
Legal Context and Judicial Commentary
Daniel's Law, introduced in October, allows residents to apply for information about reportable offenders in their vicinity. However, it includes strict guidelines, explicitly stating that any information from the register can only be published with permission from the state's police commissioner.
Magistrate Leanne Scoines described Smith's actions as "misplaced vigilantism," issuing a clear warning against individuals taking the law into their own hands. She emphasized the importance of the registry maintaining contact with offenders, stating that misuse could push offenders "underground," thereby increasing community vulnerability.
Smith's lawyer indicated her client was unaware of the illegality, expressed remorse, and considered his actions a misguided attempt to inform the community.
Penalty and Deterrence
Smith received a six-month good behaviour bond with a $700 recognisance. He will be required to pay this amount if found guilty of any other offenses during the bond period.
Magistrate Scoines stated that the penalty is intended to serve as a deterrence to both Smith personally and the wider community, reinforcing that Daniel's Law, while a valuable resource, must not be misused.