Post-sentence preventive detention legislation of general application, which confers genuine judicial discretion, applies normal evidentiary rules, and is directed at non-punitive community protection, is constitutionally valid and distinguishable from the ad hominem legislation struck down in Kable. The categories of non-punitive involuntary detention recognised in Chu Kheng Lim are not closed and extend by analogy to community protection from sane but dangerous sexual offenders. McMurdo P's dissent raises significant concerns about the reliability of dangerousness predictions and the adequacy of evidentiary protections that were subsequently considered by the High Court.
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