On a review of an indefinite sentence under s 18M of the Sentencing Act 1991 (Vic), a court is not prevented by s 5(2BD) from having regard to the SSODSA regime for supervision and detention. A reviewing court should assume that the relevant public authorities will exercise their statutory powers responsibly to protect the community, and the existence of the SSODSA regime may be sufficient to conclude that an offender would not be a serious danger to the community if the indefinite sentence were discharged, even absent specific evidence of what the authorities would do. The appeal under s 18O is an appeal in the strict sense, requiring demonstration of error in accordance with House v The King principles.
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