Section 98 of the Sentencing Act 1995 (WA) broadened the criteria for indefinite imprisonment beyond the Chester requirement that the danger be of violence — it is now sufficient that the offender presents a risk of committing 'other indictable offences'. However, indefinite imprisonment remains an exceptional sentence to be imposed only in exceptional circumstances. The Thompson 'bias towards eligibility' for parole does not create a formal presumption; rather, where material points positively to the appropriateness of parole, the discretion will be exercised in the prisoner's favour unless sufficient reason exists not to do so. Where 31 of 34 offences were committed while on parole, the sentencing judge was entitled to find the offender had no capacity to benefit from parole.
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