A finding under s 7(1) of the Dangerous Sexual Offenders Act 2006 (WA) that there is an unacceptable risk of reoffending is an evaluative and predictive finding of fact, and appellate review of such a finding requires demonstration of error in the same manner as for discretionary judgments per House v The King. The concept of 'unacceptable risk' connotes a balancing exercise requiring the court to weigh the nature and likelihood of the risk against the serious consequences for the offender.
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