Amanda McLean
Special Counsel
Amanda has been practising law since 2004. She joined Crown Law in 2008 having gained considerable experience over five and a half years in criminal law with the Office of the Director of Public Prosecutions. Amanda now specialises in the conduct of proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003, adding to her experience conducting child protection matters and applications under the Youth Justice Act 1992.
Amanda has appeared as an advocate in the Queensland Supreme and District Courts and in the Childrens Court. She is experienced in the conduct of criminal litigation and has appeared as an advocate on behalf of the Director of Public Prosecutions in the Supreme, District, Magistrates and Childrens Courts. She specialises in matters under the Dangerous Prisoners (Sexual Offenders) Act 2003 and has significant experience in:
- providing comprehensive advice relating to applications under the Act, including advice as to the prospects of success on applications at all stages of a proceeding and providing recommendations in relation to difficult or complex issues
- analysing the strength of evidence and indentifying and addressing deficiencies in material
- the thorough preparation of matters, including:
- critically evaluating material
- drafting documents such as affidavits, orders and submissions
- identifying and addressing issues and liaising with counsel, Queensland Corrective Service, court staff and witnesses
- instructing counsel at hearings to provide detailed, clear and meaningful instructions and to provide support and assistance in effectively representing the Attorney-General.
Amanda has been involved in several significant matters under the Dangerous Prisoners (Sexual Offenders) Act 2003 in higher courts including:
Attorney-General v Lawrence [2008] QSC 230; [2009] QCA 136; [2009] HCA Trans 244; [2011] QSC 291; [2011] QCA 347; [2012] HCS Trans 247; [2012] QSC 386.
Amanda has been involved in the preparation and conduct of this matter on behalf of the Attorney-General of Queensland since the application was first heard in 2008. The application was successful and the respondent detained in custody for an indefinite term for control due to his high risk of sexual recidivism. Amanda was involved in the subsequent appeal by the prisoner which was successfully defended. A special leave application by the prisoner was also successfully defended. The original order was subsequently reviewed by the Supreme Court who considered that the prisoner should be released. Amanda was involved in seeking a stay of that decision by the Attorney-General, in the subsequent appeal by the Attorney-General and also in the respondent’s special leave application to the High Court, which was refused.
Attorney-General v Foy [2009] QSC 085; [2014] QCS 304.
Amanda has been involved in successfully prosecuting the respondent for a number of breaches of his supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 and most recently in successfully seeking an extension of the duration of that supervision order such that the respondent will be subject to a supervision order for a further three years. This was the first matter in which an extension of a supervision order under section 19 of the Act had been sought.
Attorney-General v Tilbrook [2012] QSC 128; [2012] QCA 279
Amanda had carriage of all aspects of the preparation and prosecution of this matter involving a complex issue regarding a definition within the Dangerous Prisoners (Sexual Offenders) Act 2003. Although, the application was successful at first instance, the order was overturned on appeal. Amanda had conduct of the appeal proceedings also which resulted in clarification of the definition of ‘prisoner’ within the Act.