A limiting term set under the Mental Health (Criminal Procedure) Act 1990 does not dictate or guide the sentencing discretion when an offender is subsequently convicted after being found fit to plead; the resentencing convention from Gilmore does not apply because the offender had no control over whether they would later be tried. Murder committed with intent to inflict grievous bodily harm, while a most serious crime, is generally to be viewed as objectively less serious than murder committed with intent to kill. Where the CCA is divided on quantum with no two judges agreeing, the practice is to seek the highest common denominator of opinion.
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