Section 10(4) of the Mental Health (Criminal Procedure) Act 1990 (NSW) does not authorise the summary termination of fitness proceedings merely because the judge considers them inappropriate having regard to the nature of the person's disability; the court must form the specific opinion that it is inappropriate to inflict any punishment. A limiting term under s 23 is a penalty/punishment for the purposes of s 10(4). The court must consider the full range of procedures available under the Act and the Mental Health Act 1990, including the possibility of a special hearing resulting in a verdict that on the limited evidence available the accused committed the offence, leading to a limiting term and forensic patient status.
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