1The special statutory standard of proof ('high degree of probability') under s 5B(d) of the Crimes (High Risk) Offenders Act 2006 (NSW) applies only to the unacceptable risk question; all other issues in ESO proceedings are determined on the civil balance of probabilities under s 140(1) of the Evidence Act 1995 (NSW).
2The Bugmy principle concerning the mitigatory effect of profound childhood deprivation in sentencing has no application to the residual discretion to refuse an ESO under s 9(1)(b), because the Act's paramount concern is community safety rather than punishment, and reduced moral culpability does not promote that object.
3Where an ESO defendant resides as a guest in another person's home, conditions relating to accommodation, search and curfew checks must be fashioned with due consideration for the principal resident's rights to privacy and enjoyment of property.
