In Victoria, the majority position is that R v Storey's beyond reasonable doubt standard applies to a sentencing judge's assessment of risk of re-offending where that assessment is used to aggravate penalty through specific deterrence. However, Callaway JA's detailed contrary analysis — that predictions about future conduct are not sentencing facts and should be assessed as part of the instinctive synthesis without the beyond reasonable doubt standard — represents a significant minority view that may influence future reconsideration of the issue.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.