R v SLD

The appellant, SLD, appealed against his conviction for the murder of his de facto partner, YZ. The case was heard by the High Court of Australia, which was required to determine whether the trial judge erred in failing to find that the appellant would present a significant risk of re-offending if released from prison. The Court of Appeal had previously held that the trial judge was not required to make such a finding and that the onus of proof lay on the appellant. The High Court granted special leave to appeal, and the appeal was now before the Court.

The central issue before the Court was whether the trial judge was required to make a finding that the appellant would present a significant risk of re-offending if released from prison, and if so, whether that finding must be made on the criminal onus. The appellant submitted that the trial judge failed to make such a finding, which resulted in an increased sentence. The Crown submitted that the trial judge was not required to make such a finding and that the onus of proof lay on the appellant.

The Court held that the trial judge was not required to make a finding that the appellant would present a significant risk of re-offending if released from prison, and that such a finding did not need to be made on the criminal onus. The Court held that the trial judge's failure to make such a finding did not result in an increased sentence, as the sentence imposed was within the appropriate range for the offence committed. The Court further held that the onus of proof lay on the appellant to establish that he would not present a significant risk of re-offending if released from prison. The appeal was dismissed.