The power to impose indefinite sentences under s 65 of the Sentencing Act (NT) is confined to 'violent offences' as defined in s 65(1) and cannot be imposed on other offences on the same indictment. When exercising the discretion to impose an indefinite sentence, the court must specifically consider the protective effect of the finite sentence that would otherwise be imposed, including the offender's likely age and health at the time of projected release. Where a lengthy finite sentence means the offender will be of very advanced age at release, the Crown bears the onus of proving that the offender will remain a danger to the community at that time. The review provisions in s 72 do not cap the nominal sentence at 26 years.
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