A sentencing judge's finding that a young offender is at 'high' risk of reoffending must be supported by the evidence to the criminal standard; where expert evidence assesses risk as 'moderate to high' and indicates treatment can reduce risk, it is not open to the judge to elevate the risk assessment to 'high' or find prospects of rehabilitation 'bleak' based on assumptions that treatment will not occur or will fail. The prospect of rehabilitation for a young, immature offender should be given significant weight even in cases of serious sexual offending, and weight should also be given to the need to facilitate release from the adult prison system.
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