The onus was always on the crown to establish what the sentence should be. Here there's the presumption of that first finding, which is the dangerousness. There used to be a second part of the test, which was then to determine the sentence. Well, here there's a presumption of dangerousness, and the reverse onus is with respect to that finding, not with respect to the sentence. So there still would be a judicial discretion, but it's the onus on getting around the finding of dangerousness that has now shifted to the accused, where in the past that burden was on the crown.
