The threshold test under s 11(1) of the Serious Sex Offenders Monitoring Act 2005 (Vic) requires the court to be satisfied that there is a high degree of probability that the offender will commit a relevant offence — not merely a 'real and not remote' chance. This does not require proof on the balance of probabilities (more than 50%). The matters in s 8(1) prescribe the content of medical expert assessment reports only and are not an exhaustive list of factors for the court's determination; the court must consider all relevant matters including sentencing remarks and its own sentencing experience. The Court of Appeal has no power under s 39 to remit a matter for reconsideration where an extended supervision order has been made — it must either revoke or confirm.
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