A limiting term under s 23(1)(b) of the Mental Health (Criminal Procedure) Act 1990 (NSW) must be nominated as a single undivided term, not split into minimum and additional components. The limiting term is the best estimate of the total sentence (minimum plus additional term) that would have been imposed after a normal trial. No presumptions operate in favour of an accused found unfit to be tried regarding subjective mitigating factors such as guilty pleas or remorse; the court must have regard only to factors actually present. The parity principle applies to limiting term nominations where there are co-offenders.
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