A man who repeatedly raped a tourist in Noosa bushland on Christmas Day more than 18 years ago will be released from jail under supervision for five years.
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Kym Spoehr was jailed in 2003 after admitting he raped the Japanese woman seven times after she asked him for directions.
He pretended to escort the 29-year-old to the entrance of the Noosa National Park, but while her back was turned hit her head several times with a piece of wood.
Spoehr, then 49 years old, dragged the woman to his illegal bush camp in the park where he tied her to a tree, taped her mouth and cut off her clothing with a knife.
He shaved her pubic hair, raped her and committed other sexual acts.
Early the next morning Spoehr took her to the beach where he forced her to wash in the surf.
He then gave her some old clothing before walking her to the entrance of the park where he let her go.
He served 14 years in jail, but was returned to custody for using a piece of wood to hit another prisoner in a housing precinct where he was living on his release.
He was to be detained indefinitely, but has received medication and treatment which has improved his mental state and behaviour, Brisbane Supreme Court Justice Peter Applegarth said on Wednesday.
In assessing whether Spoehr should be released, Justice Applegarth said a key problem was the absence of a satisfactory explanation from the 68-year-old about what triggered the sexual offending.
Spoehr told a hearing last week he isn't a danger to the community and didn't need to be subject to a supervision order.
"I screwed up badly and I've paid a big price for it," he said.
Spoehr claimed he has a "mental anomaly" that was being managed with medication.
Representing himself during the annual review of his continuing detention order, Spoehr said being released on a supervision order would be counter-productive.
"I would like to get my life back," he told the court.
Justice Applegarth agreed to release Spoehr from custody on a supervision order in place for five years.
He said Spoehr - who was living a reclusive, hermit-like lifestyle in 2001 - should not live for long in accommodation shared with pedophiles and other sex offenders because it raised the risk of him repeating previous conflicts.
"The respondent's complex and unusual personality suggests that an individualised and possibly unusual approach is required to the management of his supervision order," he said in his published reasons.
Australian Associated Press
