An order for indefinite imprisonment under s 98 of the Sentencing Act 1995 (WA) should not be made where the offender has accepted responsibility for offending, expressed motivation for treatment, is assessed as suitable for treatment available in the prison system, and there is nothing to indicate positively that treatment will be unsuccessful, such that the risk of re-offending upon release cannot be established on the balance of probabilities. The availability of treatment and the offender's willingness to participate are material considerations that must be taken into account.
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