Violent rapist loses freedom bid

Violent rapist Shane Edward Harvey's appeal against indefinite detention has been dismissed by the Court of Appeal.

Harvey first raped in 1993 and while on bail in 1994 attacked a second woman.

After a Supreme Court hearing in 2006, Harvey was ordered to be held indefinitely in custody under the Dangerous Prisoners (Sexual Offenders) Act 2003.

However, he was released the following year on the condition he didn't commit an indictable offence, with psychiatrists backing the decision.

His freedom didn't last long.

In 2008, he turned on a 54-year-old female friend at her New Farm unit.

He brutally bashed, sexually assaulted and robbed her, and the woman died before the case went to trial.

Harvey was returned to custody and has remained there since.

The indefinite detention order was imposed on six grounds including a breach of a curfew, a positive drug test to tetrahydrocannabinol, the fact he had a two-year-old child stay with him at his premises, and that he caused grievous bodily harm to the woman.

Harvey appealed his detention, arguing the judge erred when weighing up the evidence of the attack.

The Court of Appeal dismissed the application on Friday.

Justice Ann Lyons said there was clear evidence Harvey breached his supervision order and rejected any argument the judge had erred.

"The appellant remained a high risk of reoffending sexually," she said.