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Act index » Part 3 - Sentences » Division 2 - Custodial orders Subdivision (1)—Imprisonment
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
(2)In determining whether the offender is a serious danger to the community, the court must have regard to—and may have regard to anything else that it thinks fit.
(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)—
(3)The prosecution has the onus of proving that an offender is a serious danger to the community.