In applications for continuing detention orders under s 17(3) of the Crimes (Serious Sex Offenders) Act 2006 (NSW), 'likely' denotes a high degree of probability but need not mean 'more probable than not'. The majority extended the comity principle to require intermediate appellate courts to follow decisions of co-ordinate courts in other Australian jurisdictions on identical or substantially similar State legislation unless convinced the earlier decision is clearly wrong. Mason P's dissent on the scope of comity leaves open the question whether the High Court would endorse this extension.
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