In proceedings for revocation of a non-custodial supervision order under s 33 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), no party bears an onus of proof. The assessment under s 40(1)(c) requires focus on the likelihood of endangerment, not the gravity of potential harm in the event of non-compliance. The principle of parsimony in s 39 means that a supervision order cannot be maintained merely because its practical impact on the person's freedom is minimal; it must be justified as the minimum restriction necessary for community safety. The Briginshaw standard applies to findings of fact in these proceedings, including assessments of future risk, whether under the common law or s 140(2) of the Evidence Act 2008 (Vic).
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