The 'exceptional circumstances' requirement from Chester v The Queen and Buckley v The Queen, applicable to indefinite sentences imposed at the time of sentencing, does not apply to continuing detention orders under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The Act exhaustively specifies the criteria for making such orders in s 13, and it is not appropriate to superimpose an additional gloss from differently worded legislation. However, the judge must have regard to the exceptional nature of the power being exercised, even though the case need not be 'exceptional' in the sense of unusual.
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