A sentencing judge is not obliged to make a finding that an offender is unlikely to re-offend under s 21A(3)(g) of the Crimes (Sentencing Procedure) Act 1999 (NSW) where the evidence does not establish that mitigating factor on the balance of probabilities, and a 'neutral' finding constitutes a valid finding of fact.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.