Green v The Queen

Green appealed against an indefinite sentence imposed by the Supreme Court of the Northern Territory. The appeal concerned the application of the Sentencing Act 1995 (NT) regarding the imposition of indefinite sentences for violent offenders.

The central legal issue before the Court of Criminal Appeal was the scope of judicial discretion in imposing an indefinite sentence under the Act. Specifically, the court had to consider the circumstances under which such a sentence could be justified and the evidentiary basis required to support a finding that an offender posed an ongoing risk of committing further violent offences.

The court affirmed that an indefinite sentence is a severe penalty and should only be imposed when the evidence clearly demonstrates a significant and ongoing risk of future violent offending. It reiterated that the primary purpose of an indefinite sentence is the protection of the public, not punishment. The court emphasised that the sentencing judge must be satisfied, based on cogent evidence, that the offender's past behaviour and current disposition indicate a likelihood of future violence, and that a finite sentence would not adequately address this risk. The appeal was dismissed.