26. Dangerous offender provisions

Question 1

what is the test for dangerousness?

Answer 1

offender poses significant risk to members of public of serious harm occassioned by commission by them of further specified offence

Question 2

what sentences does dangerousness test not need to be passed for?

Answer 2

• life sentence for second listed offence
• required life for manslaughter of emergency worker
• Required custodial sentence for certain offenders of particular concern

Question 3

what does serious harm mean?

Answer 3

death
serious personal injury

Question 4

what does specified offence mean?

Answer 4

• offence in s.306 SA 2020
• serious sexual, violent or terrorism offence
• offences in sch 18 which carry max sentence of 2 years or more
• offence carrying max sentence of life.

Question 5

when is dangerousness assessment made?

Answer 5

at date of sentencing

Question 6

in making assessment of dangerous what will court take into account?

Answer 6

• MUST nature and circs of offence
• MAY other offences they have been convicted of an nature and circs of those
• MAY pattern of behaviour
• MAY any other info

Question 7

what does significant mean?

Answer 7

more than a possibility. Must be ‘noteworthy, of considerable amount or importance’.

Question 8

what will the court rely on when assessing dangerousness?

Answer 8

Facts
PSR
pre-cons

Question 9

how does court assess dangerousness where theres multiple offences?

Answer 9

consider each one individually

Question 10

what will court look at past offences for?

Answer 10

if they indicate an escalating pattern of seriousness

Question 11

are pre-cons a prerequisite to dangerousness?

Answer 11

no.

Question 12

do judges have to give reasons for dangerousness finding?

Answer 12

yes

Question 13

when will COA interfere with finding of dangerousness?

Answer 13

only when shown that sentencer has failed to apply correct principles or reached conclusion not entitled to based on evidence.