Section 98 of the Sentencing Act 1995 (WA) is constitutionally valid notwithstanding that the Executive, rather than the judiciary, determines release from indefinite imprisonment. 'Exceptional seriousness' in s 98(2)(a) requires reference to the general scale of criminality and contemplates offending so serious that its commission alone would justify indefinite imprisonment — an offence attracting a 3-year sentence does not meet this threshold. Amended parole eligibility criteria in s 89 apply to offenders sentenced after the amendment, regardless of when the offences were committed. Where a sentencing judge's reasons for imposing indefinite imprisonment contain an ambiguity about the relationship between parole eligibility and treatment prospects, the order will be set aside.
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