› Respondent poses an unacceptable risk of committing another serious offence unless a high risk offender order is made
› Order made for two years.
Dangerous Criminals and High Risk Offenders Act 2021
Aust Dig Criminal Law [3245]
Quick Take
1Under s 35(2) of the Dangerous Criminals and High Risk Offenders Act 2021 (Tas), the court must be satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence unless an HRO order is made; the matter cannot be resolved on consent.
2On the facts, a long history of violent offending, non-compliance with parole, methylamphetamine use exacerbating a psychotic disorder linked to a genetic condition, and limited engagement with rehabilitation programs established the requisite unacceptable risk.
3Conditions of an HRO order should be structured so as not to set the offender up to fail; Community Corrections' recommendation to permit limited alcohol consumption rather than total prohibition was accepted on that basis.
