An order for indefinite imprisonment under s 98 of the Sentencing Act 1995 (WA) requires cogent evidence, including psychological or psychiatric examination of the offender, and must follow a careful hearing with adequate notice to the offender; a pre-sentence report from a sex offender treatment unit, without expert psychological or psychiatric assessment, may be insufficient. The proportionality principle under s 6(1) continues to govern the finite sentence even where indefinite imprisonment is also imposed. For indecent dealing with a child under 13 not involving physical contact, a starting point of 7 years (out of a maximum of 10) is too high.
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