A limiting term under s 23(1)(b) of the Mental Health (Criminal Procedure) Act 1990 must be set by reference to the total or head sentence, not the non-parole period. Section 54 of the Crimes (Sentencing Procedure) Act 1999 excludes Division 1 of Part 4 from applying to detention under the MHCP Act, so there is no statutory authority to fix a non-parole period as part of a limiting term. The practical difficulties faced by intellectually disabled persons in obtaining early release during a limiting term do not justify reducing the limiting term below the appropriate head sentence. Whether the Gilmore convention against longer sentences on re-sentencing applies to limiting terms remains an open question.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
5 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.