› Respondent poses an unacceptable risk of committing another serious offence unless a high risk offender order is made
› Order made for five years.
Dangerous Criminals and High Risk Offenders Act 2021
Aus Dig Criminal Law [3425]
Quick Take
1Under s 35(2) of the Dangerous Criminals and High Risk Offenders Act 2021 (Tas), a HRO order may be made where the court is satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence unless the order is made; this does not require a finding that offending is more likely than not (s 35(3)).
2An extensive and persistent criminal history, poor compliance with court orders and parole, ongoing substance abuse, and expert risk assessment identifying significant criminogenic factors were sufficient on the facts to establish the requisite high degree of probability.
3Community safety is the paramount consideration under s 36(1) of the Act when determining whether to make a HRO order.
