A sentencing judge is entitled to take into account the risks to society that a prisoner will present in the future without having to find beyond reasonable doubt that the prisoner will re-offend. Future possibilities are not 'facts' within the meaning of Olbrich and need not be proved on the criminal onus. The sentencing judge makes findings on the criminal standard about presently known facts and on that basis evaluates the degree of risk. A finding that a prisoner is 'likely' to re-offend does not even require a finding that re-offending is more probable than not.
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