Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18B

When court may impose indefinite sentence in respect of serious offence

18B. When court may impose indefinite sentence in respect of serious offence



(1) A court may only impose an indefinite sentence on an offender in respect
of a serious offence if it is satisfied, to a high degree of probability, that
the offender is a serious danger to the community because of-

   (a)  his or her character, past history, age, health or mental condition;
        and

   (b)  the nature and gravity of the serious offence; and

   (c)  any special circumstances.

(2) In determining whether the offender is a serious danger to the community,
the court must have regard to-

   (a)  whether the nature of the serious offence is exceptional;

   (b)  anything relevant to this issue contained in the certified transcript
        of any proceeding against the offender in relation to a serious
        offence;

   (c)  any medical, psychiatric or other relevant report received by it;

   (d)  the risk of serious danger to members of the community if an
        indefinite sentence were not imposed;

   (e)  the need to protect members of the community from the risk referred to
        in paragraph (d)-

and may have regard to anything else that it thinks fit.

(3) The prosecution has the onus of proving that an offender is a serious
danger to the community.